209. Ofcom's consideration of applications for and award of multiplex licences.

Where Ofcom1 has published a notice (a 'tender notice')2 of its proposal to grant a licence under Part I of the Broadcasting Act 19963 for the provision of a multiplex service4 (a 'multiplex licence'5), it must, in determining whether, or to whom, to award the multiplex licence in question, have regard to the extent to which, taking into account the matters specified in heads (1) to (6) below, and any representations made to it in response to the tender notice6 with respect to those matters, the award of the licence to each applicant would be calculated to promote the