
On 26th January 1996 the judgment was issued. The review found that there was no indication of illegality or unfairness in the ITC's award of the licence and no evidence that Channel 5 Broadcasting had been treated preferentially.
On 18th April 1996 the ITC confirmed the granting of the licence to Channel 5 Broadcasting Ltd. The licence agreement stated that 50% of programming must be original productions and commissions and there are also requirements for the number of hours of religion, children's, news and current affairs. David Elstein, after recent experience at BSkyB became the chief executive in August 1996, Dawn Airey from Channel 4 became director of programmes, Michael Atwell became controller of features and arts, Tim Gardam was controller of current affairs and documentaries.
Before broadcasting could begin, Channel 5 had to retune video, cable and satellite equipment in over 9 million homes across the UK, to comply with the ITC Code of Practice on Equipment Retuning, which stated that they needed to retune 90% of homes affected before the service could start. This was to be the largest house-to-house operation since the conversion to natural gas. Channel 5 used the retuning programme to establish their identity and brand months before the channel came to TV screens with it's 'give me 5' campaign.

In September 1996, the Department of Trade and Industry allocated Channel 35 for use by Channel 5 for an initial period of 5 years.
Saatchi & Saatchi were appointed to help with the task of retuning around 3 million VCR's. Channel 5 had to visit ten million homes to check all households which could be affected. The retuning campaign cost £5million, with Saatchis responsible for through-the-line advertising.
Wolff Olins created an image awareness campaign for the channel's re-tuning identity, under the banner 'Give me 5'. The Channel 5 image and brand were applied in poster

and print advertising, re-tuning mailings, vehicles and staff clothing. For the re-tuning a video was also produced for the re-tuners to run while working, a promotional piece for use in Blockbuster Video stores and commercial sponsors. The retuning campaign achieved 92% unprompted awareness in under three months. The campaign was so successful that Channel 5 decided to use the same identity for its onscreen branding.
On 26th September 1996, Channel 5 admitted it was not going to meet the deadline to launch on 1st January 1997, and that it may not be till March before the Channel launches. The delay was due to a need to retune an extra 1.8 million video recorders after the DTI made channel 35 available for use by Channel 5.