Office of Public Sector Information
PART 3 continued CHAPTER 4 continued
(4) The proportion determined by OFCOM for the purposes of subsection (2) may, for the purposes of subsection (3), be expressed as the cumulative effect of two different minimum proportions, one applying to peak viewing times and the other to other times.
(5) In this section “peak viewing time”, in relation to a licensed public service channel, means a time determined by OFCOM to be, or to be likely to be, a peak viewing time for that channel.
(6) Before determining for the purposes of this section—
(a) the proportion of time to be allocated to the broadcasting of news programmes or current affairs programmes; or
(b) what constitutes a peak viewing time for a channel,
OFCOM must consult the provider of the channel or (as the case may be) the person who is proposing to provide it.
(7) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).
(1) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing the nationwide broadcasting, on the regional Channel 3 services (taken together), of news programmes that are able to compete effectively with other television news programmes broadcast nationwide in the United Kingdom.
(2) The conditions imposed under this section must include a condition requiring the holder of a regional Channel 3 licence to do all that he can to ensure—
(a) that arrangements for the appointment of a single body corporate as the appointed news provider are maintained between all the holders of regional Channel 3 licences; and
(b) that, at all times while he is providing a regional Channel 3 service, there is in force an appointment made in accordance with those arrangements.
(3) The arrangements that are required to be maintained by virtue of conditions imposed under subsection (2) must provide—
(a) for the terms on which a body is appointed as the appointed news provider to include the terms appearing to OFCOM to be appropriate for securing that the body’s finances are adequate, throughout the period of its appointment, to ensure that the Channel 3 news obligations are capable of being met; and
(b) for the approval of OFCOM to be required for the purposes of paragraph (a) to the terms on which an appointment is made.
(4) The conditions imposed under this section must include the conditions that OFCOM consider appropriate for securing that arrangements maintained between—
(a) the holders of regional Channel 3 licences, and
(b) the body which is the appointed news provider,
ensure that that body is subject to an obligation, enforceable by OFCOM, to provide OFCOM with all such information as they may require for the purpose of carrying out their functions.
(5) The conditions imposed under this section must include a condition requiring the news programmes included in a regional Channel 3 service—
(a) to be programmes provided by the body which is for the time being the appointed news provider for the purposes of this section; and
(b) to be so included in that service as to be broadcast simultaneously with the broadcasting of news programmes included, in accordance with conditions imposed under this subsection, in other regional Channel 3 services.
(6) Those conditions must also require the news programmes provided by the appointed news provider which, in accordance with a condition imposed under subsection (5), are included in a regional Channel 3 service to be programmes that are presented live.
(7) OFCOM—
(a) may issue guidance as to the terms that will satisfy requirements imposed by virtue of subsection (3)(a); and
(b) must have regard to guidance for the time being in force under this subsection when considering whether to give an approval for the purposes of provision made by virtue of subsection (3)(b).
(8) For the purposes of this section the Channel 3 news obligations are—
(a) the requirements of any conditions imposed in relation to regional Channel 3 services under section 279; and
(b) the nationwide broadcasting on the regional Channel 3 services (taken together) of news programmes that are able to compete effectively with other television news programmes broadcast nationwide in the United Kingdom.
(9) Conditions imposed under this section are not to require arrangements to make provision falling within subsection (3)(a) or (b) or (4) in relation to appointments made before the commencement of this section.
(10) Section 32 of the 1990 Act (nomination of bodies eligible for appointment as news providers) shall cease to have effect.
(1) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing—
(a) that a body is not appointed as the appointed news provider if it falls within subsection (2); and
(b) that the appointment of a body as the appointed news provider ceases to have effect if it becomes a body falling within that subsection.
(2) A body falls within this subsection if—
(a) it is a disqualified person under Part 2 of Schedule 2 to the 1990 Act in relation to a Channel 3 licence; or
(b) there would be a contravention of Part 1 of Schedule 14 to this Act (whether by that body or by another person) if that body held a licence to provide a Channel 3 service, or held a licence to provide such a service for a particular area for which such a service is provided.
(1) If it appears to the Secretary of State appropriate to do so, he may by order repeal or otherwise modify any of the provisions of section 280 or 281.
(2) Except in a case to which subsection (3) applies, the Secretary of State must consult OFCOM before making an order under this section.
(3) Consultation with OFCOM is not required if the order is confined to giving effect to recommendations by OFCOM that are contained in a report of a review under section 391.
(4) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) If it appears to the Secretary of State appropriate to do so, he may by order make provision requiring news programmes included in Channel 5 to be provided by a person appointed as a news provider in accordance with the order.
(2) An order under this section may make provision in relation to Channel 5 that corresponds, with such modifications as the Secretary of State thinks fit, to any provision made in relation to regional Channel 3 services by section 280 or 281.
(3) Subsection (2) applies irrespective of any repeal or other modification by an order under this Act of section 280 or 281.
(4) An order under this section may include provision for section 194A of the 1990 Act (application of Competition Act 1998 to Channel 3 news provision) to have effect (with such modifications as may be specified in the order) in relation to the appointment of a person as a news provider for Channel 5 as it has effect in relation to the appointment of a body as a news provider for Channel 3.
(5) The Secretary of State is not to make an order under this section for the imposition of obligations in relation to Channel 5 unless he is satisfied that Channel 5’s share of the audience for television broadcasting services is broadly equivalent to that of the services comprising Channel 3.
(6) An order under this section must require a licence holder to have a reasonable opportunity of making representations to OFCOM before his licence is varied in pursuance of the order.
(7) Except in a case to which subsection (8) applies, the Secretary of State must consult OFCOM before making an order under this section.
(8) Consultation with OFCOM is not required if the order is confined to giving effect to recommendations by OFCOM that are contained in a report of a review under section 391.
(9) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(1) The regulatory regime for the public teletext service includes the conditions that OFCOM consider appropriate for securing—
(a) that the service includes what appears to OFCOM to be a suitable quantity and variety of news items; and
(b) that the news items included in the service are up to date and regularly revised.
(2) Conditions imposed under this section in relation to a time when the public teletext service comprises both—
(a) an analogue teletext service, and
(b) a teletext service provided in digital form,
must apply to both services but may make different provision for each of them.
(1) The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that the provider of the channel draws up and from time to time revises a code of practice setting out the principles he will apply when agreeing terms for the commissioning of independent productions.
(2) That regime also includes the conditions that OFCOM consider appropriate for securing that the provider of every licensed public service channel—
(a) at all times complies with a code of practice which has been drawn up by him by virtue of this section and is for the time being in force; and
(b) exercises his power to revise his code to take account of revisions from time to time of the guidance issued by OFCOM for the purposes of this section.
(3) The conditions imposed under this section must ensure that the code for the time being in force in the case of every licensed public service channel secures, in the manner described in guidance issued by OFCOM—
(a) that a reasonable timetable is applied to negotiations for the commissioning of an independent production and for the conclusion of a binding agreement;
(b) that there is what appears to OFCOM to be sufficient clarity, when an independent production is commissioned, about the different categories of rights to broadcast or otherwise to make use of or exploit the commissioned production that are being disposed of;
(c) that there is what appears to OFCOM to be sufficient transparency about the amounts to be paid in respect of each category of rights;
(d) that what appear to OFCOM to be satisfactory arrangements are made about the duration and exclusivity of those rights;
(e) that procedures exist for reviewing the arrangements adopted in accordance with the code and for demonstrating compliance with it;
(f) that those procedures include requirements for the monitoring of the application of the code and for the making of reports to OFCOM;
(g) that provision is made for resolving disputes arising in respect of the provisions of the code (by independent arbitration or otherwise) in a manner that appears to OFCOM to be appropriate.
(4) The conditions imposed under this section must also ensure that the drawing up or revision of a code by virtue of this section is in accordance with guidance issued by OFCOM as to—
(a) the times when the code is to be drawn up or reviewed with a view to revision;
(b) the consultation to be undertaken before a code is drawn up or revised; and
(c) the publication of every code or revised code.
(5) The provision that may be included in a condition imposed under this section includes—
(a) provision requiring a draft of a code or of any revision of a code to be submitted to OFCOM for approval;
(b) provision for the code or revision to have effect only if approved by OFCOM; and
(c) provision for a code or revision that is approved by OFCOM subject to modifications to have effect with those modifications.
(6) OFCOM—
(a) must issue and may from time to time revise guidance for the purposes of this section;
(b) must ensure that there is always guidance for those purposes in force;
(c) must, before issuing their guidance or revised guidance, consult the providers of licensed public service channels, persons who make independent productions (or persons appearing to OFCOM to represent them), the BBC and the Welsh Authority; and
(d) must publish their guidance or revised guidance in such manner as they think appropriate.
(7) Guidance issued by OFCOM for the purposes of this section must be general guidance and is not to specify particular terms to be included in agreements to which the guidance relates.
(8) Conditions imposed under this section requiring a code to be drawn up or approved may include transitional provision for treating a code drawn up before the imposition of the condition —
(a) as satisfying the requirements of that condition; and
(b) as a code approved by OFCOM for the purposes of conditions so imposed.
(9) In this section “independent production” has the same meaning as in section 277.
(1) The regulatory regime for every Channel 3 service includes the conditions (if any) that OFCOM consider appropriate in the case of that service for securing—
(a) that what appears to OFCOM to be a suitable proportion of Channel 3 programmes made in the United Kingdom are programmes made in the United Kingdom outside the M25 area;
(b) that the Channel 3 programmes that are made in the United Kingdom outside the M25 area (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c) that what appears to OFCOM to be a suitable proportion of the expenditure of the providers of Channel 3 services on Channel 3 programmes made in the United Kingdom is referable to programme production at different production centres outside the M25 area; and
(d) that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.
(2) In the case of a national Channel 3 service, subsection (1) requires the inclusion of conditions in the licence for the service only where OFCOM consider, having regard to the nature of the service, that it would be appropriate for conditions falling within that subsection to be so included.
(3) The regulatory regime for Channel 5 includes the conditions that OFCOM consider appropriate for securing—
(a) that what appears to OFCOM to be a suitable proportion of the programmes made in the United Kingdom for viewing on that Channel are programmes made in the United Kingdom outside the M25 area;
(b) that the programmes for such viewing that are made in the United Kingdom outside the M25 area (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c) that what appears to OFCOM to be a suitable proportion of the expenditure of the provider of Channel 5 on programmes made in the United Kingdom for viewing on that Channel is referable to programme production at different production centres outside the M25 area; and
(d) that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.
(4) Before imposing a condition under this section, OFCOM must consult the person on whom it is to be imposed.
(5) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).
(6) A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes or expenditure in question.
(7) In this section—
“Channel 3 programmes” means programmes made for viewing on Channel 3 in more than one area for which regional Channel 3 services are provided, including any programme made for viewing on a national Channel 3 service other than a regional programme;
“expenditure”, in relation to a programme, means—
expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
expenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast;
“programme” does not include an advertisement; and
“regional programme” means a programme made with a view to its inclusion in a national Channel 3 service as a programme of particular interest to persons living within a particular area of the United Kingdom.
(1) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing—
(a) that what appears to OFCOM, in the case of that service, to be a sufficient amount of time is given in the programmes included in the service to what appears to them to be a suitable range of programmes (including regional news programmes) which are of particular interest to persons living within the area for which the service is provided;
(b) that the regional programmes included in the service are of high quality;
(c) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the regional programmes included in the service consists of programmes made in that area;
(d) that the regional news programmes included in the service are broadcast for viewing at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;
(e) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the other regional programmes that are included in the service consists of programmes broadcast for viewing—
(i) at peak viewing times; and
(ii) at times immediately preceding or following those times.
(2) The regulatory regime for every local Channel 3 service includes the conditions that OFCOM consider appropriate for securing—
(a) that what appears to OFCOM, in the case of that service, to be a sufficient amount of time is given in the programmes included in the service to what appears to them to be a suitable range of local programmes;
(b) that, in the case of each part of an area or each community for which the service is provided, the range of local programmes is a range of programmes (including news programmes) which are of particular interest to persons living within that part of that area or to that community;
(c) that the local programmes included in the service are of high quality;
(d) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the local programmes included in the service consists of programmes made in the area for which the service is provided;
(e) that the local news programmes included in the service are broadcast for viewing at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;
(f) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the other local programmes that are included in the service consists of programmes broadcast for viewing—
(i) at peak viewing times; and
(ii) at times immediately preceding or following those times.
(3) In the case of a local Channel 3 service, the conditions included in the regulatory regime for the service include conditions falling within subsection (1) to the extent only that it appears to OFCOM that the requirements of subsection (1) are not adequately met by conditions falling within subsection (2).
(4) In the case of a national Channel 3 service in the case of which OFCOM consider that it would be appropriate to impose conditions under this subsection, the regulatory regime for the service includes the conditions that OFCOM consider appropriate for securing—
(a) that what appears to OFCOM, in the case of that service, to be a sufficient amount of time is given in the programmes included in the service to what appears to them to be a suitable range of programmes (including regional news programmes) which are of particular interest to persons living within particular areas of the United Kingdom;
(b) that the regional programmes included in the service are of high quality;
(c) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the regional programmes included in the service consists of programmes made in the area by reference to which they are regional programmes;
(d) that the regional news programmes included in the service are broadcast for viewing at intervals throughout the period for which the service is provided and, in particular, at peak viewing times;
(e) that what appears to OFCOM, in the case of that service, to be a suitable proportion of the other regional programmes that are included in the service consists of programmes broadcast for viewing—
(i) at peak viewing times; and
(ii) at times immediately preceding or following those times.
(5) Before imposing a condition under this section, OFCOM must consult the person on whom it is to be imposed.
(6) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).
(7) A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes in question.
(8) In this section—
“local Channel 3 service” means a regional Channel 3 service the provision of which includes the provision (in pursuance of a determination under section 14(3) of the 1990 Act) of different programmes for different parts of an area or for different communities living within an area;
“local programme”, in relation to a service provided for different parts of an area or for different communities, means a programme included in that service for any of the parts of that area or for any of those communities, and “local news programme” is to be construed accordingly;
“peak viewing time”, in relation to a service, means a time determined by OFCOM to be, or to be likely to be, a peak viewing time for that service;
“programme” does not include an advertisement;
“regional programme”—
in relation to a regional Channel 3 service, means a programme included in that service with a view to its being of particular interest to persons living within the area for which the service is provided;
in relation to a national Channel 3 service, means a programme included in that service with a view to its being of particular interest to persons living within a particular area of the United Kingdom;
and “regional news programme” is to be construed accordingly.
(1) The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing—
(a) that what appears to OFCOM to be a suitable proportion of programmes made in the United Kingdom for viewing on Channel 4 are programmes made in the United Kingdom outside the M25 area;
(b) that the programmes for such viewing that are made in the United Kingdom outside the M25 area (taken together) constitute what appears to OFCOM to be a suitable range of programmes;
(c) that what appears to OFCOM to be a suitable proportion of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 is referable to programme production at different production centres outside the M25 area; and
(d) that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.
(2) Before imposing a condition under this section, OFCOM must consult C4C.
(3) The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).
(4) A proportion is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than a significant proportion of the programmes or expenditure in question.
(5) In this section—
“expenditure”, in relation to a programme, means—
expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or
expenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast; and
“programme” does not include an advertisement.
(1) The regulatory regime for the public teletext service includes the conditions that OFCOM consider appropriate for securing that the service includes what appears to them to be an appropriate proportion of material that is of particular interest to persons living in different parts of the United Kingdom.
(2) Conditions imposed under this section in relation to a time when the public teletext service comprises both—
(a) an analogue teletext service, and
(b) a teletext service provided in digital form,
must apply to both services but may make different provision for each of them.
(1) An application for a regional Channel 3 licence, in addition to being accompanied by the proposals mentioned in section 15(3)(b) of the 1990 Act, must be accompanied by the applicant’s proposals for participating in networking arrangements.
(2) OFCOM may publish general guidance to applicants for regional Channel 3 licences as to the kinds of proposals which they are likely to consider satisfactory.
(3) The publication of guidance under subsection (2) is to be in such manner as OFCOM consider appropriate.
(4) Arrangements are networking arrangements for the purposes of this Part if they—
(a) apply to all the holders of regional Channel 3 licences;
(b) provide for programmes made, commissioned or acquired by or on behalf of one or more of the holders of such licences to be available for broadcasting in all regional Channel 3 services; and
(c) are made for the purpose of enabling regional Channel 3 services (taken as a whole) to be a nationwide system of services which is able to compete effectively with other television programme services provided in the United Kingdom.
(1) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder does all that he can to ensure that approved networking arrangements are in force whenever—
(a) the licence holder is providing the licensed service; and
(b) no networking arrangements imposed by OFCOM under section 292 are in force.
(2) In this section “approved networking arrangements” means networking arrangements which are for the time being approved by OFCOM in accordance with Schedule 11.
(3) In paragraph 5 of Schedule 2 to the Competition Act 1998 (c. 41) (exclusion of networking arrangements from Chapter I prohibition), for sub-paragraph (1) there shall be substituted—
“(1) The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they—
(a) have been approved for the purposes of licence conditions imposed under section 291 of the Communications Act 2003; or
(b) are arrangements that have been considered under Schedule 4 to the Broadcasting Act 1990 and fall to be treated as so approved;
nor does that prohibition apply in respect of things done with a view to arrangements being entered into or approved to the extent that those things have effect for purposes that are directly related to, and necessary for compliance with, conditions so imposed.”
(4) For sub-paragraph (4) of that paragraph there shall be substituted—
“(4) In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.”
(1) This section applies on each occasion on which OFCOM—
(a) are proposing to award one or more regional Channel 3 licences; and
(b) for that purpose publish a notice under section 15(1) of the 1990 Act.
(2) OFCOM must—
(a) determine the date by which the holders of the licences awarded and all other regional Channel 3 providers (if any) must have entered into networking arrangements (the “networking date”); and
(b) set out that date in that notice.
Communications Act 2003