Where a person has made an application for a Channel 3 licence1, Ofcom2 may not proceed to consider whether to award him the licence on the basis of his cash bid3 unless it appears to Ofcom4:
(1) that his proposed service would comply with the regulatory requirements that have to be imposed under the Communications Act 20035; and
(2) that he would be able to maintain that service throughout the period for which the licence would be in force6
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