ITC Statement On TSW

The ITC has issued a statement criticising TSW’s press release announcing its intention to seek a judicial review of the ITC decision to award the franchise to WestCountry (Newsline 1/11).

The TSW press release (issued by Citi- gate Communications) stated that the company had lost its licence “despite the fact that TSW passed the quality threshold and submitted the higher cash bid”.

The ITC has countered that it was not empowered to consider whether to award a licence on the basis of the cash bid unless the proposed service complied with the criteria set out in the Broad- casting Act and that the service could be maintained throughout the licence period.

Taken together, these tests constitute the principle elements of the quality threshold.

When it awarded the licence, the ITC stated that TSW’s proposed service met the criteria of the Broadcasting Act, but it did not appear to the ITC that TSW would be able to maintain the proposed service throughout the franchise period.

TSW “therefore did not pass the quality threshold, and could not have had its cash bid considered”.

ITC: 071 584 7011