Law

Communications Act 2003

United Kingdom · statute

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In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 729 provisions
  1. Title and introductory text
  2. 1 Functions and general powers of OFCOM
  3. 2 Transfer of functions of pre-commencement regulators
  4. 2A Statement of strategic priorities
  5. 2B Duties of OFCOM in relation to strategic priorities
  6. 2C Consultation and parliamentary procedure
  7. 3 General duties of OFCOM
  8. 4 Duties in relation to certain regulatory functions
  9. 4A ... European Commission recommendations for harmonisation
  10. 5 Directions in respect of networks and spectrum functions
  11. 6 Duties to review regulatory burdens
  12. 7 Duty to carry out impact assessments
  13. 8 Duty to publish and meet promptness standards
  14. 9 Secretary of State’s powers in relation to promptness standards
  15. 10 Duty to encourage availability of easily usable apparatus
  16. 11 Duties to promote media literacy
  17. 11A Regulated services: media literacy strategy and media literacy statement
  18. 12 Duty to establish and maintain Content Board
  19. 13 Functions of the Content Board
  20. 14 Consumer research
  21. 15 Duty to publish and take account of research
  22. 16 Consumer consultation
  23. 17 Membership etc. of the Consumer Panel
  24. 18 Committees and other procedure of the Consumer Panel
  25. 19 Power to amend remit of Consumer Panel
  26. 20 Advisory committees for different parts of the United Kingdom
  27. 21 Advisory committee on elderly and disabled persons
  28. 22 Representation on international and other bodies
  29. 23 Directions for international purposes in respect of broadcasting functions
  30. 24 Provision of information to the Secretary of State
  31. 24A Provision of information before publication
  32. 24B Provision of information to assist in formulation of policy
  33. 25 Information requested by EU bodies
  34. 26 Publication of information and advice for consumers etc.
  35. 27 Training and equality of opportunity
  36. 28 General power to charge for services
  37. 28A International recognition of satellite frequency assignments: power to charge fees
  38. 29 Secretary of State guarantees for OFCOM borrowing
  39. 30 Transfers of property etc. from pre-commencement regulators
  40. 31 Transitional functions and abolition of pre-commencement regulators
  41. 32 Meaning of electronic communications networks and services
  42. 32A Meaning of number-based interpersonal communications service
  43. 33 Advance notification to OFCOM
  44. 34 Designations and requirements for the purposes of s. 33
  45. 35 Notification of contraventions of s. 33
  46. 35A Penalties for contravention of section 33
  47. 36 Confirmation decision for contravention of s. 33
  48. 37 Penalties for contravention of s. 33
  49. 38 Fixing of charges
  50. 39 Supplemental provision about fixing charges
  51. 40 Notification of non-payment of charges
  52. 41 Penalties for non-payment of charges
  53. 42 Suspending service provision for non-payment
  54. 43 Enforcement of directions under s. 42
  55. 44 Duty of OFCOM to keep publicly accessible register
  56. 45 Power of OFCOM to set conditions
  57. 46 Persons to whom conditions may apply
  58. 47 Test for setting or modifying conditions
  59. 48 Procedure for setting, modifying and revoking conditions
  60. 48A Consultation for section 45 conditions
  61. 48B EU consultation for section 45 conditions
  62. 48C Delivery of copies of notifications etc. in respect of section 45 conditions
  63. 49 Directions and approvals for the purposes of a s. 45 condition
  64. 49A Consultation for directions, approvals and consents
  65. 49B EU consultation for directions, approvals and consents
  66. 49C Delivery of copies of notifications etc. in respect of directions, approvals and consents
  67. 50 Delivery of copies of notifications etc.
  68. 51 Matters to which general conditions may relate
  69. 52 Conditions relating to customer interests
  70. 53 Approval of codes of practice for the purposes of s. 52
  71. 54 Approval of dispute procedures for the purposes of s. 52
  72. 55 Orders by OFCOM in the absence of conditions under s. 52
  73. 56 The National Telephone Numbering Plan
  74. 56A Conditions for limitations on allocation of telephone numbers
  75. 57 Conditions to secure access to telephone numbers
  76. 58 Conditions about allocation and adoption of numbers
  77. 59 Telephone numbering conditions binding non-providers
  78. 60 Modification of documents referred to in numbering conditions
  79. 61 Withdrawal of telephone number allocations
  80. 62 Numbering reorganisations
  81. 63 General duty as to telephone numbering functions
  82. 64 Must-carry obligations
  83. 65 Obligations to be secured by universal service conditions
  84. 66 Designation of universal service providers
  85. 67 Subject-matter of universal service conditions
  86. 68 Tariffs etc. for universal services
  87. 69 Directories and directory enquiry facilities
  88. 70 Review of compliance costs: universal service conditions
  89. 71 Sharing of burden of universal service obligations
  90. 72 Report on sharing mechanism: universal service obligations
  91. 72A Review of universal service order
  92. 72B Broadband download speeds: duty to give direction under section 72A
  93. 72C Duty to review certain tariffs that are not universal service tariffs
  94. 72D Social tariff conditions: procedure
  95. 72E Consultation by OFCOM on proposed recommendation
  96. 72F Social tariff conditions: general
  97. 72G Review of compliance costs: social tariff conditions
  98. 72H Sharing of burden of social tariff obligations
  99. 72I Report on sharing mechanism: social tariff obligations
  100. 73 Permitted subject-matter of access-related conditions
  101. 74 Specific types of access-related conditions
  102. 74A Access-related conditions in certain cases involving use of radio spectrum
  103. 74B Review of access-related conditions
  104. 75 Conditional access systems and access to digital services
  105. 76 Modification and revocation of conditions imposed under s. 75
  106. 76A Information about electronic communications apparatus available for shared use
  107. 77 Imposition of privileged supplier conditions
  108. 78 Circumstances required for the setting of SMP conditions
  109. 79 Market power determinations
  110. 80 Proposals for identifying markets and for market power determinations
  111. 80A Consultation for market identifications and market power determinations
  112. 80B EU consultation for market identifications and market power determinations
  113. 81 Delivery of copies of notifications under sections 79 and 80A
  114. 82 European Commission’s powers in respect of proposals
  115. 83 Special rules for transnational markets
  116. 84 Review of services market identifications and determinations
  117. 84A Timing of services market identifications and determinations
  118. 85 Review of apparatus market identifications and determinations
  119. 86 Cases where review required
  120. 87 Conditions about network access etc.
  121. 88 Conditions about network access pricing etc.
  122. 89 Conditions about network access in exceptional cases
  123. 89A Functional separation
  124. 89B Functional separation conditions: matters to be considered by OFCOM
  125. 89C Obligation to notify OFCOM of voluntary separation
  126. 90 Conditions about carrier selection and pre-selection
  127. 91 Conditions about regulation of services etc. for end-users
  128. 91A SMP services conditions: wholesale-only undertakings
  129. 92 Conditions about leased lines
  130. 93 Conditions about apparatus supply
  131. 93A Notification to OFCOM of proposed commitments
  132. 93B Notification of proposed commitments relating to very high capacity network
  133. 93C Giving effect to commitments decision
  134. 93D Modification of commitments
  135. 94 Notification of contravention of SMP apparatus conditions
  136. 95 Enforcement notification for contravention of conditions
  137. 96 Penalties for contravention of conditions
  138. 96A Notification of contravention of condition other than SMP apparatus condition
  139. 96B Penalties for contravention of conditions
  140. 96C Enforcement of notification under section 96A
  141. 97 Amount of penalty under s. 96 or 96A
  142. 98 Power to deal with urgent cases
  143. 99 Confirmation of directions under s. 98
  144. 100 Suspending service provision for contraventions of conditions
  145. 100A Suspending service provision for breach of SMP services condition
  146. 101 Suspending apparatus supply for contraventions of conditions
  147. 102 Procedure for directions under ss. 100 and 101
  148. 103 Enforcement of directions under ss. 98, 100 , 100A and 101
  149. 104 Civil liability for breach of conditions or confirmation decision
  150. 105 Consideration and determination of network access questions
  151. 105A Duty to take security measures
  152. 105B Duty to take specified security measures
  153. 105C Duty to take measures in response to security compromises
  154. 105D Duty to take specified measures in response to security compromise
  155. 105E Codes of practice about security measures etc
  156. 105F Issuing codes of practice about security measures
  157. 105G Withdrawing codes of practice about security measures
  158. 105H Effects of codes of practice about security measures
  159. 105I Duty to explain failure to act in accordance with code of practice
  160. 105J Duty to inform users of risk of security compromise
  161. 105K Duty to inform OFCOM of security compromise
  162. 105L Powers of OFCOM to inform others of security compromise
  163. 105M General duty of OFCOM to ensure compliance with security duties
  164. 105N Power of OFCOM to assess compliance with security duties
  165. 105O Power of OFCOM to give assessment notices
  166. 105P Assessment notices: urgency statements
  167. 105Q Assessment notices: applications in respect of urgency statements
  168. 105R Assessment notices: information about entering premises
  169. 105S Enforcement of security duties
  170. 105T Enforcement of security duties: amount of penalties
  171. 105U Enforcement of security duties: proposal for interim steps
  172. 105V Enforcement of security duties: direction to take interim steps
  173. 105W Civil liability for breach of security duties
  174. 105X Relationship between security duties and certain other duties etc
  175. 105Y Statement of policy on ensuring compliance with security duties
  176. 105Z OFCOM reports on security
  177. 105Z1 Designated vendor directions
  178. 105Z2 Further provision about requirements
  179. 105Z3 Consultation about designated vendor directions
  180. 105Z4 Notice of designated vendor directions
  181. 105Z5 Variation and revocation of designated vendor directions
  182. 105Z6 Notice of variation and revocation of designated vendor directions
  183. 105Z7 Designated vendor directions: plans for compliance
  184. 105Z8 Designation notices
  185. 105Z9 Further provision about designation notices
  186. 105Z10 Variation and revocation of designation notices
  187. 105Z11 Laying before Parliament
  188. 105Z12 Monitoring of designated vendor directions
  189. 105Z13 Reports made under monitoring directions
  190. 105Z14 Power of OFCOM to give inspection notices
  191. 105Z15 Inspection notices: further provision
  192. 105Z16 Inspection notices: information about entering premises
  193. 105Z17 Inspection notices: enforcement of compliance
  194. 105Z18 Notification of contravention
  195. 105Z19 Amount of penalty
  196. 105Z20 Enforcement of notification
  197. 105Z21 Enforcement of penalty
  198. 105Z22 Urgent enforcement direction
  199. 105Z23 Urgent enforcement direction: confirmation
  200. 105Z24 Urgent enforcement direction: enforcement
  201. 105Z25 Requirement not to disclose
  202. 105Z26 Enforcement of requirement not to disclose
  203. 105Z27 Power of Secretary of State to require information etc
  204. 105Z28 Restrictions on imposing information requirements
  205. 105Z29 Enforcement of information requirements etc
  206. 106 Application of the electronic communications code
  207. 107 Procedure for directions applying code
  208. 108 Register of persons in whose case code applies
  209. 109 Restrictions and conditions subject to which code applies
  210. 110 Enforcement of restrictions and conditions
  211. 110A Penalties for contravention of code restrictions
  212. 111 Confirmation decision for contravention of code restrictions
  213. 111A Power to deal with urgent cases
  214. 111B Confirmation of direction under section 111A
  215. 112 Penalties for contravention of code restrictions
  216. 113 Suspension of application of code
  217. 114 Procedure for directions under s. 113
  218. 115 Modification and revocation of application of code
  219. 116 Notification of cessation by person to whom code applies
  220. 117 Transitional schemes on cessation of application of code
  221. 118 Compulsory acquisition of land etc.
  222. 119 Power to give assistance in relation to certain proceedings
  223. 120 Conditions regulating premium rate services
  224. 120A Procedure for setting, modifying and revoking premium rate services conditions
  225. 121 Approval of code for premium rate services
  226. 122 Orders by OFCOM in the absence of a code under s. 121
  227. 123 Enforcement of s. 120 conditions
  228. 124 Suspending service provision for contraventions of s. 120 conditions
  229. 124A Obligation to notify subscribers of copyright infringement reports
  230. 124B Obligation to provide copyright infringement lists to copyright owners
  231. 124C Approval of code about the initial obligations
  232. 124D Initial obligations code by OFCOM in the absence of an approved code
  233. 124E Contents of initial obligations code
  234. 124F Progress reports
  235. 124G Obligations to limit internet access: assessment and preparation
  236. 124H Obligations to limit internet access
  237. 124I Code by OFCOM about obligations to limit internet access
  238. 124J Contents of code about obligations to limit internet access
  239. 124K Subscriber appeals
  240. 124L Enforcement of obligations
  241. 124M Sharing of costs
  242. 124N Interpretation
  243. 124O Notification of failure in relation to internet domain registry
  244. 124P Appointment of manager of internet domain registry
  245. 124Q Functions of manager etc
  246. 124R Application to court to alter constitution of internet domain registry
  247. 124S Mobile phone providers' duty to enable billing limits to be applied
  248. 124T Enforcement of duty to enable billing limits to be applied
  249. 124U Rights of end-users in relation to contract termination
  250. 124V Further rights relating to bundled contracts
  251. 124W Enforcement of obligations of providers under sections 124U and 124V
  252. 125 Dishonestly obtaining electronic communications services
  253. 126 Possession or supply of apparatus etc. for contravening s. 125
  254. 127 Improper use of public electronic communications network
  255. 128 Notification of misuse of networks and services
  256. 129 Enforcement notifications for stopping persistent misuse
  257. 130 Penalties for persistent misuse
  258. 131 Statement of policy on persistent misuse
  259. 132 Powers to require suspension or restriction of a provider’s entitlement
  260. 133 Enforcement of directions under s. 132
  261. 134 Restrictions in leases and licences
  262. 134A OFCOM reports on infrastructure etc
  263. 134AA Additional OFCOM reports on infrastructure etc
  264. 134AB Publication of information required for purpose of preparing reports
  265. 134AC Use of reports
  266. 134B Networks and services matters
  267. 134C OFCOM reports on internet domain names
  268. 134D Comparative overviews of quality and prices
  269. 135 Information required for purposes of certain OFCOM functions
  270. 136 Information required for related purposes
  271. 137 Restrictions on imposing information requirements
  272. 137A Information required from communications providers
  273. 137B Section 137A: confidential matters
  274. 138 Notification of contravention of information requirements
  275. 139 Penalties for contravention of information requirements
  276. 139ZA Higher penalties for certain contraventions
  277. 139A Enforcement of notification under section 138
  278. 139B Power to deal with urgent cases
  279. 139C Confirmation of direction under section 139B
  280. 140 Suspending service provision for information contraventions
  281. 141 Suspending apparatus supply for information contraventions
  282. 142 Procedure for directions under ss. 140 and 141
  283. 143 Enforcement of directions under ss. 140 and 141
  284. 144 Offences in connection with information requirements
  285. 145 Statement of policy on information gathering
  286. 146 Provision of information by OFCOM
  287. 146A Rights of third parties to use information without charge
  288. 147 Repeal of provisions of Telecommunications Act 1984
  289. 148 Powers of local authorities in connection with networks
  290. 149 Grants by Department of Enterprise, Trade and Investment
  291. 150 Grants by district councils
  292. 150A Proposals of EU significance
  293. 151 Interpretation of Chapter 1
  294. 152 General functions of OFCOM in relation to radio spectrum
  295. 153 United Kingdom Plan for Frequency Authorisation
  296. 154 Duties of OFCOM when carrying out spectrum functions
  297. 155 Advisory service in relation to interference
  298. 156 Directions with respect to the radio spectrum
  299. 157 Procedure for directions under s. 156
  300. 158 Special duty in relation to television multiplexes
  301. 159 Grant of recognised spectrum access
  302. 160 Effect of grant of recognised spectrum access
  303. 161 Charges in respect of grants of recognised spectrum access
  304. 162 Conversion into and from wireless telegraphy licences
  305. 163 Payments for use of radio spectrum by the Crown
  306. 164 Limitations on authorised spectrum use
  307. 165 Terms etc. of wireless telegraphy licences
  308. 166 Exemption from need for wireless telegraphy licence
  309. 167 Bidding for wireless telegraphy licences
  310. 168 Spectrum trading
  311. 169 Variation and revocation of wireless telegraphy licences
  312. 170 Wireless telegraphy register
  313. 171 Information requirements in relation to wireless telegraphy licences
  314. 172 Contraventions of conditions for use of wireless telegraphy
  315. 173 Meaning of “repeated contravention” in s. 172
  316. 174 Procedure for prosecutions of wireless telegraphy offences
  317. 175 Special procedure for contraventions by multiplex licence holders
  318. 176 Amount of penalty under s. 175
  319. 177 “Relevant amount of gross revenue” for the purposes of s. 176
  320. 178 Proceedings for an offence relating to apparatus use
  321. 179 Modification of penalties for certain wireless telegraphy offences
  322. 181 Power of arrest
  323. 182 Forfeiture etc. of restricted apparatus
  324. 183 Modification of definition of “undue interference”
  325. 184 Modification of definition of “wireless telegraphy”
  326. 185 Reference of disputes to OFCOM
  327. 185A Power of OFCOM to invite parties to refer dispute
  328. 186 Action by OFCOM on dispute reference
  329. 187 Legal proceedings about referred disputes
  330. 188 Procedure for resolving disputes
  331. 189 Disputes involving other member States
  332. 190 Resolution of referred disputes
  333. 191 OFCOM’s power to require information in connection with dispute
  334. 192 Appeals against decisions by OFCOM, the Secretary of State etc.
  335. 193 Reference of price control matters to the CMA
  336. 193A Recovery of CMA's costs in respect of price control references
  337. 194 Composition of Competition Commission for price control references
  338. 194A Disposal of appeals under section 192 (other than against certain decisions of Secretary of State)
  339. 195 Disposal of appeals under section 192 against certain decisions of Secretary of State
  340. 196 Appeals from the Tribunal
  341. 197 Interpretation of Chapter 3
  342. 198 Functions of OFCOM in relation to the BBC
  343. 198ZA Penalties for failure to provide information
  344. 198A C4C's functions in relation to media content
  345. 198AA C4C’s duties in relation to commissioning programmes
  346. 198B Statements of media content policy and commissioning policy
  347. 198C OFCOM reports on C4C's media content duties and commissioning duties
  348. 198D Directions in relation to C4C's media content duties and commissioning duties
  349. 199 Other Functions of C4C
  350. 200 Removal of members of C4C
  351. 201 Deficits and surpluses of C4C
  352. 202 Borrowing limit for C4C
  353. 203 Function of OFCOM in relation to S4C
  354. 204 Welsh Authority’s function of providing S4C and S4C Digital
  355. 204A S4C’s principal powers and public service remit
  356. 204B Restrictions on S4C’s powers
  357. 204C Publication of approvals under section 204B
  358. 205 Powers to provide other services
  359. 206 Other activities of Welsh Authority
  360. 207 S4C finances
  361. 208 The Gaelic Media Service
  362. 209 Membership of the Service
  363. 210 Supplementary provisions about the Service
  364. 211 Regulation of independent television services
  365. 211A Regulated electronic programme guides
  366. 211B Exempt foreign services
  367. 212 Abolition of function of assigning television frequencies
  368. 213 Abolition of licensing for local cable systems
  369. 214 Digital Channel 3 and Channel 5 licences
  370. 215 Replacement of existing Channel 3 and Channel 5 licences
  371. 216 Renewal of Channel 3 and 5 licences
  372. 216A Renewal of Channel 3 licences: determination of licence areas
  373. 217 Financial terms of licence renewed under s. 216
  374. 218 Duty to secure the provision of a public teletext service
  375. 218A Duty to report on public teletext service
  376. 219 Licensing of the public teletext service
  377. 220 Delegation of provision of public teletext service
  378. 221 Replacement of existing public teletext provider’s licence
  379. 222 Renewal of public teletext licence
  380. 223 Financial terms of licence renewed under s. 222
  381. 224 Meaning of “initial expiry date”
  382. 225 Application for review of financial terms of replacement licences
  383. 226 Application for review of financial terms in consequence of new obligations
  384. 227 Reviews under ss. 225 and 226
  385. 228 Giving effect to reviews under ss. 225 and 226
  386. 229 Report in anticipation of new licensing round
  387. 230 Orders suspending rights of renewal
  388. 231 Replacement of Channel 4 licence
  389. 232 Meaning of “television licensable content service”
  390. 233 Services that are not television licensable content services
  391. 234 Modification of ss. 232 and 233
  392. 235 Licensing of television licensable content services
  393. 236 Direction to licensee to take remedial action
  394. 237 Penalties for contravention of licence condition or direction
  395. 238 Revocation of television licensable content service licence
  396. 239 Action against licence holders who incite crime or disorder
  397. 240 Abolition of separate licences for certain television services
  398. 241 Television multiplex services
  399. 242 Composition of services in television multiplexes
  400. 243 Powers where frequencies reserved for qualifying services
  401. 244 Local digital television services
  402. 245 Regulation of independent radio services
  403. 246 Abolition of function of assigning radio frequencies
  404. 247 Meaning of “radio licensable content services”
  405. 248 Services that are not radio licensable content services
  406. 249 Modification of ss. 247 and 248
  407. 250 Licensing of radio licensable content services
  408. 251 Abolition of separate licences for certain sound services
  409. 252 Extension of licence periods
  410. 253 Extension and modification of existing licences
  411. 254 Renewal of local licences
  412. 255 Extension of special application procedure for local licences
  413. 256 Definition of simulcast radio services
  414. 257 Promotion of simulcast radio services
  415. 258 Radio multiplex services
  416. 258A Small-scale radio multiplex services
  417. 259 Composition of services in radio multiplexes
  418. 260 Digital sound services for inclusion in non-radio multiplexes
  419. 261 Renewal of radio multiplex licences
  420. 262 Community radio
  421. 263 Application of regulatory regimes
  422. 264 OFCOM reports on the fulfilment of the public service remit
  423. 264A OFCOM reports: wider review and reporting obligations
  424. 265 Public service remits of licensed providers
  425. 266 Statements of programme policy
  426. 267 Changes of programme policy
  427. 268 Statements of service policy by the public teletext provider
  428. 269 Changes of service policy
  429. 270 Enforcement of public service remits
  430. 271 Power to amend public service remits
  431. 271A Remedying failure by C4C to perform media content duties
  432. 275 Must-provide services for the purposes of s. 274
  433. 276 Co-operation with the public teletext provider
  434. 277 Programming quotas for independent productions
  435. 278 Programming quotas for original productions
  436. 278A Additional quotas for qualifying audiovisual content
  437. 278B Quotas: meaning of “qualifying audiovisual content” etc
  438. 278C Quotas: further provision about their fulfilment
  439. 279 News and current affairs programmes
  440. 280 Appointed news providers for Channel 3
  441. 281 Disqualification from appointment as news provider
  442. 282 Power to repeal or modify Channel 3 news provider provisions
  443. 283 News providers for Channel 5
  444. 284 News provision on the public teletext service
  445. 285 Code relating to programme commissioning
  446. 286 Regional programme-making for Channels 3 and 5
  447. 287 Regional programmes on Channel 3
  448. 288 Regional programme-making for Channel 4
  449. 289 Regional matters in the public teletext service
  450. 289A Provision of children's programmes
  451. 290 Proposals for arrangements
  452. 291 Obligation as to making and continuance of approved arrangements
  453. 292 OFCOM’s power to impose arrangements
  454. 293 Review of approved networking arrangements etc.
  455. 294 Supplemental provision about networking arrangements
  456. 295 Involvement of C4 Corporation in programme-making
  457. 296 Schools programmes on Channel 4
  458. 297 Channel 4 contribution towards national television archive
  459. 298 Conditions prohibiting interference with other services
  460. 299 Categorisation of listed events
  461. 301 Code relating to listed events
  462. 302 Regulations about coverage of listed events
  463. 303 Code relating to provision for people with disabilities
  464. 304 Procedure for issuing and revising code under s. 303
  465. 305 Meaning of “relevant date” in s. 303
  466. 306 Power to modify targets in s. 303
  467. 307 Observance of code under s. 303
  468. 307A Disabled people: point of contact
  469. 308 Assistance for the visually impaired with the public teletext service
  470. 309 Quotas for independent programmes
  471. 310 Code of practice for electronic programme guides
  472. 311 Conditions to comply with code under s. 310
  473. 311A Report on electronic programme guides and public service channels
  474. 312 Character and coverage of sound broadcasting services
  475. 313 Consultation about change of character of local services
  476. 314 Local news and information in local sound broadcasting services
  477. 315 Variations of radio multiplex licences affecting service characteristics
  478. 315A Local news and information in local digital radio services
  479. 316 Conditions relating to competition matters
  480. 317 Exercise of Broadcasting Act powers for a competition purpose
  481. 318 Review of powers exercised for competition purposes
  482. 319 OFCOM’s standards code
  483. 320 Special impartiality requirements
  484. 321 Objectives for advertisements, sponsorship and product placement
  485. 321A Objectives for advertisements: less healthy food and drink
  486. 322 Supplementary powers relating to advertising
  487. 323 Modification of matters to be taken into account under s. 319
  488. 324 Setting and publication of standards
  489. 325 Observance of standards code
  490. 326 Duty to observe fairness code
  491. 327 Standards with respect to fairness
  492. 328 Duty to publicise OFCOM’s functions in relation to complaints
  493. 329 Proscription orders
  494. 330 Effect of proscription order
  495. 331 Notification for enforcing proscription
  496. 332 Penalties for contravention of notification under s. 331
  497. 333 Party political broadcasts
  498. 334 Retention and production of recordings
  499. 335 Conditions securing compliance with international obligations
  500. 335A Co-operation with other parties to European Convention on Transfrontier Television
  501. 335B Maintenance of list of providers
  502. 336 Government requirements for licensed services
  503. 337 Promotion of equal opportunities and training
  504. 338 Corresponding rules for the BBC and S4C
  505. 338A Power to require information
  506. 338B Penalties for failure to provide information
  507. 339 Review of fulfilment by S4C of public service remit
  508. 340 Directions to S4C to take remedial action
  509. 341 Imposition of penalties on S4C
  510. 342 Contraventions recorded in Welsh Authority’s annual report
  511. 343 Provision of information by S4C
  512. 344 Transmission of statement of findings
  513. 345 Financial penalties imposable on licence holders
  514. 346 Recovery of fees and penalties
  515. 347 Statement of charging principles
  516. 348 Modification of disqualification provisions
  517. 349 Licence holding by local authorities
  518. 350 Relaxation of licence-holding restrictions
  519. 351 Changes of control of Channel 3 services
  520. 352 Action following review under s. 351
  521. 353 Changes of control of Channel 5
  522. 354 Action following review under s. 353
  523. 355 Variation of local licence following change of control
  524. 356 Action following review under s. 355
  525. 357 Meaning of “control”
  526. 358 Annual factual and statistical report
  527. 359 Grants to providers
  528. 359A Power of the Secretary of State to give financial assistance for radio
  529. 360 Amendments of the 1990 and 1996 Acts
  530. 361 Meaning of “available for reception by members of the public”
  531. 362 Interpretation of Part 3
  532. 362AA Designation of internet programme services
  533. 362AB Revocation of designation
  534. 362AC Statement relating to designation functions
  535. 362AD Notifications in relation to designated internet programme services
  536. 362AE Meaning of “television selection service”
  537. 362AF Meaning of “regulated television selection service”
  538. 362AG Advice from OFCOM
  539. 362AH Notification by providers of television selection services
  540. 362AI Lists of services
  541. 362AJ Must-offer obligations in the case of designated internet programme services
  542. 362AK Must-carry obligations
  543. 362AL Guidance as regards agreement objectives
  544. 362AM Meaning of “the agreement objectives”
  545. 362AN Duties relating to a designated internet programme service
  546. 362AO Duties relating to a regulated television selection service
  547. 362AP Code of practice
  548. 362AQ Effects of the code of practice
  549. 362AR Issuing a code of practice
  550. 362AS Power to require information
  551. 362AT References of disputes to OFCOM
  552. 362AU Action by OFCOM on reference of dispute
  553. 362AV Interim measures
  554. 362AW Procedure for resolving disputes
  555. 362AX Resolution of referred disputes
  556. 362AY Effect of referrals on legal proceedings
  557. 362AZ Provisional notices of contravention
  558. 362AZ1 Confirmation decisions: general
  559. 362AZ2 Confirmation decisions: steps
  560. 362AZ3 Confirmation decisions: penalties
  561. 362AZ4 Penalty for failure to comply with confirmation decisions
  562. 362AZ5 Enforcement: guidance
  563. 362AZ6 Fees
  564. 362AZ7 Non-payment of fee
  565. 362AZ8 Information to be included in a notice under section 362AZ7
  566. 362AZ9 Monitoring role for OFCOM
  567. 362AZ10 Notices
  568. 362AZ11 Application of Part 3A
  569. 362AZ12 Interpretation of Part 3A
  570. 362BA Meaning of “radio selection service”
  571. 362BB Meaning of “designated radio selection service”
  572. 362BC Advice from OFCOM
  573. 362BD Revocation of designation of radio selection service
  574. 362BE List of designated radio selection services etc
  575. 362BF Meaning of “internet radio service”
  576. 362BG Meaning of “relevant internet radio service”
  577. 362BH Sections 362BF and 362BG: power to amend
  578. 362BI Access to relevant internet radio services
  579. 362BJ Further provision about access to relevant internet radio services
  580. 362BK Code of practice
  581. 362BL Effects of the code of practice
  582. 362BM Issuing a code of practice
  583. 362BN Complaints procedures
  584. 362BO Power to modify regulation
  585. 362BP Review by OFCOM
  586. 362BQ Power to require information
  587. 362BR Provisional notices of contravention
  588. 362BS Confirmation decisions: general
  589. 362BT Confirmation decisions: steps
  590. 362BU Confirmation decisions: penalties
  591. 362BV Penalty for failure to comply with confirmation decision
  592. 362BW Enforcement: guidance
  593. 362BX Fees
  594. 362BY Non-payment of fee
  595. 362BZ Information to be included in a notice under section 362BY
  596. 362BZ1 Monitoring role for OFCOM
  597. 362BZ2 Notices
  598. 362BZ3 Application of Part 3B
  599. 362BZ4 Interpretation of Part 3B
  600. 363 Licence required for use of TV receiver
  601. 364 TV licences
  602. 365 TV licence fees
  603. 365A TV licence fee concessions by reference to age
  604. 366 Powers to enforce TV licensing
  605. 367 Interpretation of provisions about dealer notification
  606. 368 Meanings of “television receiver” and “use”
  607. 368ZA Audiovisual programmes
  608. 368A Meaning of “on-demand programme service”
  609. 368AA Meaning of non-UK on-demand programme service
  610. 368AB Overview of Part 4A
  611. 368B The appropriate regulatory authority
  612. 368BZA Maintenance of list of providers
  613. 368BA Advance notification to appropriate regulatory authority
  614. 368BB Enforcement of section 368BA
  615. 368BC Accessibility for people with disabilities
  616. 368BD Enforcement of regulations under section 368BC
  617. 368C Duties of the appropriate regulatory authority
  618. 368CA Code on accessibility for people with disabilities
  619. 368CB Quota for European works
  620. 368D Duties of service providers
  621. 368E Harmful material
  622. 368F Advertising
  623. 368FA Advertising: less healthy food and drink
  624. 368G Sponsorship
  625. 368H Prohibition of product placement and exceptions
  626. 368HA Meaning of Tier 1 service
  627. 368HB Power to specify Tier 1 services etc
  628. 368HC Notification to OFCOM
  629. 368HD Lists of Tier 1 providers
  630. 368HE Application etc of Chapter 2 to certain Tier 1 services
  631. 368HF Standards code for Tier 1 services
  632. 368HG Tier 1 standards code: special impartiality requirements
  633. 368HH Tier 1 standards code: matters to be taken into account
  634. 368HI Tier 1 standards code: procedural requirements
  635. 368HJ Duties of Tier 1 providers to comply with Tier 1 standards code
  636. 368HK Complaints relating to Tier 1 standards code
  637. 368HL Accessibility code for Tier 1 services
  638. 368HM Meaning of “relevant date”
  639. 368HN Power to modify requirements in section 368HL
  640. 368HO Tier 1 accessibility code: procedural requirements
  641. 368HP Duty to comply with Tier 1 accessibility code
  642. 368HQ Reports to Secretary of State
  643. 368HR Application of Chapter 3
  644. 368I Enforcement of service providers’ principal duties
  645. 368IA Enforcement of section 368E(4)
  646. 368J Financial penalties
  647. 368K Suspension or restriction of service for contraventions or failures
  648. 368L Suspension or restriction of service for inciting crime or disorder
  649. 368M Supplementary provision about directions
  650. 368N Enforcement of directions under section 368K or 368L
  651. 368NA Fees
  652. 368O Power to require information
  653. 368OZA Information powers: supplementary
  654. 368OA Co-operation with EEA States
  655. 368OB Audience protection reviews etc
  656. 368P Application of Part 4A in relation to the BBC
  657. 368Q Application of Part 4A in relation to the Welsh Authority
  658. 368QA Service of notices by OFCOM
  659. 368R Interpretation of Part 4A
  660. 368Z14 Prohibition of paid-for advertising of less healthy food and drink
  661. 368Z15 Enforcement
  662. 368Z16 Financial penalties
  663. 368Z17 Power to demand information
  664. 368Z18 Guidance
  665. 368Z19 The appropriate regulatory authority
  666. 368Z20 Power to amend this Part to extend prohibition
  667. 368Z21 Interpretation
  668. 369 Matters in relation to which OFCOM have competition functions
  669. 370 OFCOM’s functions under Part 4 of the Enterprise Act 2002
  670. 371 OFCOM’s functions under the Competition Act 1998
  671. 372 Application of the Competition Act 1998 to news provision
  672. 373 Repeal of existing newspaper merger regime
  673. 374 Repeal of exclusion for newspaper mergers from general merger controls
  674. 375 Media public interest considerations
  675. 376 Adaptation of role of OFT in initial investigations and reports
  676. 377 Additional investigation and report by OFCOM
  677. 378 Extension of special public interest regime for certain media mergers
  678. 379 Adaptation of role of OFT in special public interest regime
  679. 380 Additional investigation and report by OFCOM: special public interest cases
  680. 381 Public consultation in relation to media mergers
  681. 382 General information duties in relation to media mergers
  682. 383 Advice and information in relation to media mergers
  683. 384 General advisory functions of OFCOM in relation to media mergers
  684. 385 Other general functions of OFCOM in relation to media mergers
  685. 386 Monitoring role for OFT in relation to media mergers
  686. 387 Enforcement powers in relation to newspaper and other media mergers
  687. 388 Alterations concerning newspaper panel of Competition Commission
  688. 389 Further provision in connection with media mergers
  689. 390 Annual report on the Secretary of State’s functions
  690. 391 Review of media ownership
  691. 392 Penalties imposed by OFCOM
  692. 392A Amount of penalties etc
  693. 392B Liability of parent entities etc
  694. 393 General restrictions on disclosure of information
  695. 394 Service of notifications and other documents
  696. 395 Notifications and documents in electronic form
  697. 396 Timing and location of things done electronically
  698. 397 Purchase of Duchy of Lancaster land
  699. 398 Repeal of certain provisions of the Telecommunications Act 1984
  700. 399 Expenses
  701. 400 Destination of ... fees and penalties
  702. 402 Power of Secretary of State to make orders and regulations
  703. 403 Regulations and orders made by OFCOM
  704. 404 Criminal liability of company directors etc.
  705. 405 General interpretation
  706. 406 Minor and consequential amendments, transitionals and repeals
  707. 407 Pre-consolidation amendments
  708. 408 Transitional provision for anticipatory carrying out of functions
  709. 410 Application of enactments to territorial sea and other waters
  710. 411 Short title, commencement and extent
  711. SCHEDULE 1 Functions transferred to OFCOM
  712. SCHEDULE 2 Transfer schemes
  713. SCHEDULE 3A The electronic communications code
  714. SCHEDULE 4 Compulsory purchase and entry for exploratory purposes
  715. SCHEDULE 8 Decisions not subject to appeal
  716. SCHEDULE 9 Arrangements about carrying on of C4C’s activities
  717. SCHEDULE 11 Approval, imposition and modification of networking arrangements
  718. SCHEDULE 11A Restrictions on product placement
  719. SCHEDULE 12 Corresponding obligations of the BBC and S4C
  720. SCHEDULE 13 Financial penalties under the Broadcasting Acts
  721. SCHEDULE 14 Media ownership rules
  722. SCHEDULE 15 Amendments of Broadcasting Acts
  723. SCHEDULE15A Video-sharing platform services: appropriate measures for the purposes of section 368Z1(1)
  724. SCHEDULE 16 Further amendments in connection with media mergers
  725. Schedule 16A Penalties imposed by OFCOM under Parts 3A and 3B
  726. Schedule 16B Parts 3A and 3B: liability of parent entities etc
  727. SCHEDULE 17 Minor and Consequential Amendments
  728. SCHEDULE 18 Transitional Provisions
  729. SCHEDULE 19 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

729 provisions

281 Disqualification from appointment as news provider

(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. (3) The reference in subsection (2)(a) to a body which is a disqualified person under Part 2 of Schedule 2 to the 1990 Act in relation to a Channel 3 licence includes a reference to a person who is disqualified by virtue of a disqualification order under section 145 of the 1996 Act.

Propose a change

282 Power to repeal or modify Channel 3 news provider provisions

(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.

Propose a change

283 News providers for Channel 5

(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.

Propose a change

284 News provision on the public teletext service

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Propose a change

285 Code relating to programme commissioning

(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 that the provider will apply— (a) when agreeing terms for the commissioning of independent productions that will be included in television broadcasting services; (b) when agreeing terms for the commissioning of independent productions that will be included in other qualifying audiovisual services but which the provider wishes to count towards meeting the conditions included in the provider’s licence by virtue of section 277(1) or (4) (programming quotas for 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. (h) that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code. (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 S4C; 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. (10) See also section 278B (which makes further provision for the interpretation of this section).

Propose a change

286 Regional programme-making for Channels 3 and 5

(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 in each year— (a) that the provider of that service makes available qualifying audiovisual content that, so far as it consists of Channel 3 programmes made in the United Kingdom, includes Channel 3 programmes made outside the M25 area; (aa) that the duration (in total) of the Channel 3 programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate; (b) that those programmes (taken together) constitute what appears to OFCOM to be a suitable range of programmes; (c) that what appears to OFCOM to be a suitable amount 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 in each year— (a) that the provider of that Channel makes available qualifying audiovisual content that, so far as it consists of programmes made in the United Kingdom, includes programmes made outside the M25 area; (aa) that the duration (in total) of the programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate; (b) that those programmes (taken together) constitute what appears to OFCOM to be a suitable range of programmes; (c) that what appears to OFCOM to be a suitable amount of the expenditure of the provider of Channel 5 on programmes made in the United Kingdom for viewing on that Channel , or for viewing by means of any other qualifying audiovisual service provided by the provider of 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) An amount of expenditure 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 amount of the expenditure in question. (7) In this section— “Channel 3 programmes” means programmes made for viewing on Channel 3 , or for viewing by means of any other qualifying audiovisual service provided by a provider of a Channel 3 service, 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. (8) See also sections 278B and 278C (which make further provision for the interpretation of this section etc).

Propose a change

287 Regional programmes on Channel 3

(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.

Propose a change

288 Regional programme-making for Channel 4

(1) The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing in each year— (a) that the provider of that Channel makes available qualifying audiovisual content that, so far as it consists of programmes made in the United Kingdom, includes programmes made outside the M25 area; (aa) that the duration (in total) of the programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate; (b) that those programmes (taken together) constitute what appears to OFCOM to be a suitable range of programmes; (c) that what appears to OFCOM to be a suitable amount of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 , or for viewing by means of any other qualifying audiovisual service provided by the provider of 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) An amount of expenditure 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 amount of the 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. (6) See also sections 278B and 278C (which make further provision for the interpretation of this section etc).

Propose a change

289 Regional matters in the public teletext service

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Propose a change

289A Provision of children's programmes

(1) OFCOM may, if they think fit, publish criteria to be applied in accordance with this section to the provision of children's programmes. (2) Where criteria are published by OFCOM, the regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that the provision of children's programmes meets the criteria. (3) Any condition imposed by virtue of this section— (a) must relate only to the provision of children's programmes on the licensed public service channel concerned; (b) must take into account OFCOM's assessment of the provision of children's programmes on all related services. (4) “Related services” in relation to a Channel 3 service means— (a) that service, (b) all other Channel 3 services, and (c) all services within subsection (6) that appear to OFCOM to have a sufficient connection with any Channel 3 service. (5) “Related services” in relation to any other licensed public service channel means— (a) that channel, and (b) all services within subsection (6) that appear to OFCOM to have a sufficient connection with that channel. (6) A service is within this subsection if— (a) it is available for reception in the United Kingdom, and (b) it is provided without any consideration being required for its reception, disregarding any requirement to pay sums in accordance with regulations under section 365. (7) For the purposes of an assessment under subsection (3)(b) no account is to be taken of whether a programme is provided on a licensed public service channel or on another service. (8) Any condition imposed by virtue of this section must be the same for all regional Channel 3 services. (9) Any criteria published under this section must be published by OFCOM in a statement setting out the criteria and how they propose to apply them. (10) OFCOM may from time to time review and revise or withdraw the criteria by publishing a further statement. (11) Where OFCOM revise or withdraw criteria, they must take any steps they consider necessary in consequence in relation to conditions imposed by virtue of this section. (12) OFCOM must— (a) carry out a public consultation for the purposes of any review under subsection (10); (b) where there are no published criteria for the time being, carry out a public consultation before publishing criteria under this section. (13) In this section “children's programme” means a programme made— (a) for a television programme service or for an on-demand programme service, and (b) for viewing primarily by persons under the age of sixteen.

Propose a change

290 Proposals for arrangements

(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 , in relation to each holder of such a licence, available for inclusion in one or more qualifying audiovisual services provided by that holder or a person associated with that holder; and (c) are made for the purpose of enabling holders of such licences and persons associated with any of those holders to provide qualifying audiovisual services that (taken as a whole) are able to compete effectively with other television programme services and on-demand programme services provided in the United Kingdom. (5) Section 362AZ12 (6) (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (4)(b) and (c) as it applies for the purposes of Part 3A. (6) See also section 278B (which makes further provision for the interpretation of this section).

Propose a change

291 Obligation as to making and continuance of approved arrangements

(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.

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292 OFCOM’s power to impose arrangements

(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. (3) The networking date must be the date by which, in OFCOM’s opinion, the networking arrangements must have been entered into if approved networking arrangements are to be fully in force before the persons awarded licences begin to provide their licensed services. (4) If— (a) no suitable networking arrangements exist by the networking date, or (b) the suitable networking arrangements that exist at that date cease to apply to all regional Channel 3 providers on or after that date, OFCOM may impose on all regional Channel 3 providers the networking arrangements that OFCOM consider appropriate. (5) For the purposes of subsection (4) arrangements are suitable networking arrangements if it appears to OFCOM that they— (a) have been submitted to them for approval or have been approved by them; and (b) will be in force as approved networking arrangements when the persons awarded licences begin to provide their licensed services. (6) Arrangements imposed under this section come into force on the date determined by OFCOM. (7) The regulatory regime for every regional Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder complies with the provisions of any networking arrangements imposed under this section. (8) Where— (a) networking arrangements are imposed under this section, (b) other networking arrangements are entered into between the licence holders bound by the imposed arrangements, and (c) the other arrangements entered into are approved by OFCOM, the imposed arrangements shall cease to have effect on the coming into force of the other arrangements as approved networking arrangements. (9) In this section— “approved networking arrangements” has the same meaning as in section 291; and “regional Channel 3 providers” means persons who will be licensed to provide regional Channel 3 services and will be providing such services when the licences to be awarded come into force.

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293 Review of approved networking arrangements etc.

(1) It shall be the duty of OFCOM from time to time to carry out general reviews of the networking arrangements (whether approved or imposed by OFCOM) that are in force. (2) The first such review must be carried out no later than six months after the date on which the offers made under section 215(1) close or (if those offers close on different dates) the latest of those dates. (3) Every subsequent review must be carried out no more than five years after the previous one. (4) OFCOM may also, at any other time, carry out a review of whether those arrangements continue to satisfy one of the two competition tests set out in paragraph 6 of Schedule 11. (5) If, on a review under this section, OFCOM are satisfied that modifications are required of the networking arrangements for the time being in force, they may— (a) require the holders of regional Channel 3 licences to give effect to the modifications proposed by OFCOM; or (b) in the case of arrangements imposed by OFCOM, make those modifications themselves. (6) OFCOM must not exercise any of their powers under this Act or the 1990 Act so as to modify the requirements imposed on the holder of a regional Channel 3 licence by approved networking arrangements that are already in force except— (a) following a review under this section; or (b) with the consent of the licence holder. (7) The regulatory regime for every Channel 3 service includes the conditions that OFCOM consider appropriate for securing that the licence holder does all that he can to ensure that modifications proposed by OFCOM under this section are given effect to. (8) In this section “approved networking arrangements” has the same meaning as in section 291.

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294 Supplemental provision about networking arrangements

(1) Schedule 11 (which makes provision about the approval of networking arrangements and the imposition or modification of such arrangements) shall have effect. (2) The obligations arising under conditions imposed in accordance with sections 291 to 293 are subject to the rights of appeal conferred by that Schedule.

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295 Involvement of C4 Corporation in programme-making

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296 Schools programmes on Channel 4

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297 Channel 4 contribution towards national television archive

(1) Section 185 of the 1990 Act (contributions towards maintenance of the national television archive) shall be amended as follows. (2) In subsections (1) and (3), after “Channel 3” there shall be inserted “ , Channel 4 ”. (3) In subsection (5), at the end there shall be inserted— “Channel 4 licence” means— (a) the licence referred to in section 231(1)(b) of the Communications Act 2003; and (b) a licence renewing that licence on the first or any subsequent occasion. (4) This section has effect in relation only to financial years beginning after the television transfer date.

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298 Conditions prohibiting interference with other services

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299 Categorisation of listed events

(1) For subsections (1) and (2) of section 97 of the 1996 Act (listed events), there shall be substituted— (1) The Secretary of State may, for the purposes of this Part, maintain a list of sporting and other events of national interest, and an event for the time being included in the list is referred to in this Part as a “listed event”. (1A) A list maintained under subsection (1) must be divided into two categories, and those categories are referred to in this Part as “Group A” and “Group B”. (1B) Each listed event must be allocated either to Group A or to Group B. (2) Before drawing up such a list, or revising or ceasing to maintain it, the Secretary of State must consult— (a) OFCOM, (b) the BBC, (c) the Welsh Authority, and (d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired. (2A) For the purposes of subsection (2)(d), a relevant event is an event which the Secretary of State proposes— (a) to include in a list maintained under subsection (1), (b) to omit from such a list, or (c) to move from one category in such a list to the other. (2) In subsection (3)(b) of that section, the words “by the Commission” and “by them” shall be omitted. (3) In subsection (5) of that section— (a) for the words “addition of any relevant event to” there shall be substituted “ inclusion of any event in ”; and (b) in paragraph (a), for “addition” there shall be substituted “ inclusion ”. (4) After that subsection, there shall be inserted— (5A) The allocation or transfer of an event to group A does not affect the validity of a contract entered into before the day on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed allocation or transfer. (5B) The Secretary of State may direct that, for the transitional purposes set out in the direction, the transfer of a Group B event to Group A is not to affect the application to that event of provisions of this Part relating to a Group B event.

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301 Code relating to listed events

(1) For subsection (1) of section 104 of the 1996 Act (code in relation to listed events) there shall be substituted— (1) OFCOM shall draw up, and may from time to time revise, a code giving guidance— (a) as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1); and (b) as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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302 Regulations about coverage of listed events

(1) After section 104 of the 1996 Act there shall be inserted— Regulations about coverage of listed events 104ZA (1) OFCOM may make regulations for determining for the purposes of this Part— (a) the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live; (b) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and (c) the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage. (2) The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B. (3) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section. (2) In section 105(1) (interpretation of Part 4), before the definition of “Channel 4” there shall be inserted— “adequate alternative coverage” and “live” are to be construed in accordance with any regulations under section 104ZA; .

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303 Code relating to provision for people with disabilities

(1) It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to— (a) the extent to which the services to which this section applies should promote the understanding and enjoyment by people with disabilities, in particular— (i) persons who are deaf or hard of hearing, (ii) persons who are blind or partially-sighted, and (iii) persons with a dual sensory impairment, of the programmes to be included in such services; and (b) the means by which such understanding and enjoyment should be promoted. (1A) The code must include provision— (a) encouraging providers of services to which this section applies to develop accessibility action plans with a view to continuously and progressively making such services more accessible to people with disabilities; (b) requiring such action plans to be notified to OFCOM; (c) requiring providers of services to report annually to OFCOM about the accessibility of such services to people with disabilities. (2) The code must include provision for securing that every provider of a service to which this section applies ensures that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it. (3) The code must also require that, from the fifth and tenth anniversaries of the relevant date, the obligations in subsections (4) and (5), respectively, must be fulfilled by reference to averages computed over each of the following— (a) the twelve month period beginning with the anniversary in question; and (b) every twelve month period ending one week after the end of the previous period for which an average fell to be computed. (4) The obligation to be fulfilled from the fifth anniversary of the relevant date is that at least 60 per cent. of so much of every service which— (a) is a service to which this section applies, and (b) has a relevant date after the passing of this Act, as consists of programmes that are not excluded programmes must be accompanied by subtitling. (5) The obligations to be fulfilled from the tenth anniversary of the relevant date are— (a) that at least 90 per cent. of so much of a Channel 3 service or of Channel 4 as consists of programmes that are not excluded programmes must be accompanied by subtitling; (b) that at least 80 per cent. of so much of every other service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by subtitling; (c) that at least 10 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by audio-description for the blind; and (d) that at least 5 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be presented in, or translated into, sign language. (6) A reference in subsection (4) or in any paragraph of subsection (5) to excluded programmes is a reference to programmes of the description for the time being set out under subsection (7) in relation to that subsection or paragraph and also in relation to the service in question. (7) The code must set out, in relation to subsection (4) and each of the paragraphs of subsection (5), the descriptions of programmes that OFCOM consider should be excluded programmes for the purposes of the requirement contained in that subsection or paragraph. (8) In complying with subsection (7), OFCOM must have regard, in particular, to— (a) the extent of the benefit which would be conferred by the provision of assistance for disabled people in relation to the programmes; (b) the size of the intended audience for the programmes; (c) the number of persons who would be likely to benefit from the assistance and the extent of the likely benefit in each case; (d) the extent to which members of the intended audience for the programmes are resident in places outside the United Kingdom; (e) the technical difficulty of providing the assistance; and (f) the cost, in the context of the matters mentioned in paragraphs (a) to (e), of providing the assistance. (9) The exclusions that may be set out in the code under subsection (7)— (a) may include different descriptions of programmes in relation to different services to which this section applies; and (b) in the case of a service which OFCOM are satisfied (having regard to the matters mentioned in subsection (8)) is a special case, may include all the programmes included in the service. (10) The requirements that may be imposed by the code include, in particular— (a) requirements on persons providing services to which this section applies to meet interim targets falling within subsection (11), from dates falling before an anniversary mentioned in subsection (3); (b) requirements on persons providing such services to meet further targets from dates falling after the anniversary mentioned in subsection (5); and (c) requirements with respect to the provision of assistance for disabled people in relation to excluded programmes, or in relation to a particular description of them. (11) The interim targets mentioned in subsection (10)(a) are the targets with respect to the provision of assistance for disabled people which OFCOM consider it appropriate to impose as targets on the way to meeting the targets imposed in pursuance of subsection (3). (12) This section applies to the following services— (a) S4C Digital or any other television programme service provided by S4C for broadcasting in digital form so as to be available for reception by members of the public; (b) any licensed public service channel; (c) a digital television programme service but not an electronic programme guide; (d) a television licensable content service but not an electronic programme guide; (e) a restricted television service. (13) In this section— “electronic programme guide” means a service which— is or is included in a television licensable content service or a digital television programme service; and consists of— the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide; “programme” does not include an advertisement.

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304 Procedure for issuing and revising code under s. 303

(1) Before drawing up a code under section 303 or reviewing or revising it in pursuance of that section, OFCOM must consult— (a) such persons appearing to them to represent the interests of people with disabilities as OFCOM think fit; and (b) such persons providing services to which that section applies as OFCOM think fit. (2) OFCOM must publish the code drawn up under section 303, and every revision of it, in such manner as, having regard to the need to make the code or revision accessible to people with disabilities, in particular— (a) persons who are deaf or hard of hearing, (b) persons who are blind or partially sighted, and (c) persons with a dual sensory impairment, they consider appropriate.

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305 Meaning of “relevant date” in s. 303

(1) In relation to a service, the relevant date for the purposes of section 303 is— (a) in a case to which any of subsections (2) to (4) applies, the date given by that subsection; and (b) in any other case, the date (whether before or after the passing of this Act) when the provision of that service began or begins. (2) In the case of a service the provision of which began before the television transfer date but which is not— (a) a service provided by S4C, (b) a licensed public service channel, or (c) a digital television programme service, the relevant date is the date of the coming into force of this section. (3) In the case of— (a) a Channel 3 service the provision of which began before the date of the passing of this Act, and (b) Channel 4 and S4C Digital, the relevant date is 1st January 2000. (4) In the case of Channel 5, so far as it consists of a service the provision of which began before the date of the passing of this Act, the relevant date is 1st January 1998. (5) OFCOM may determine that a service provided by a person is to be treated for the purposes of section 303 and this section as a continuation of a service previously provided by him.

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306 Power to modify targets in s. 303

(1) Where it appears to the Secretary of State, in the case of services of a particular description, that the obligation specified in section 303(4) has been or is likely to be fulfilled in their case before the anniversary so specified, he may by order modify section 303 so as to do one or both of the following— (a) increase the percentage so specified in relation to services of that description; (b) substitute a different anniversary for the anniversary by which that obligation must be fulfilled in the case of such services. (2) The Secretary of State may by order modify section 303 so as to do one or both of the following— (a) substitute a later anniversary for the anniversary by which the obligations specified in subsection (5) of that section must be fulfilled; (b) substitute a higher percentage for the percentage for the time being specified in any paragraph of that subsection. (3) The provision that may be made by an order under this section includes— (a) modifications for requiring the code to set out additional obligations to be fulfilled once the obligations previously required to be set out in the code have been fulfilled; and (b) savings for the obligations previously set out in the code. (4) Before making an order under this section the Secretary of State must consult OFCOM. (5) 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.

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307 Observance of code under s. 303

(1) The regulatory regime for every service to which this section applies includes the conditions that OFCOM consider appropriate for securing that the code maintained by them under section 303 is observed in the provision of those services. (2) This section applies to every service to which section 303 applies which is licensed by a Broadcasting Act licence.

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307A Disabled people: point of contact

OFCOM must provide a single, easily accessible (including by people with disabilities), online point of contact for providing information and receiving complaints regarding accessibility issues which relate to matters dealt with by sections 303 to 307 and the code drawn up by OFCOM under section 303.

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308 Assistance for the visually impaired with the public teletext service

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309 Quotas for independent programmes

(1) The regulatory regime for every digital television programme service that is not comprised in a licensed public service channel includes the conditions that OFCOM consider appropriate for securing that, in each year, not less than 10 per cent. of the total amount of time allocated to the broadcasting of qualifying programmes included in the service is allocated to the broadcasting of a range and diversity of independent productions. (2) In subsection (1)— (a) the reference to qualifying programmes is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be qualifying programmes for the purposes of that subsection; (b) the reference to independent productions is a reference to programmes of such description as the Secretary of State may by order specify as describing the programmes that are to be independent productions for the purposes of that subsection; and (c) the reference to a range of independent productions is a reference to a range of such productions in terms of cost of acquisition as well as in terms of the types of programme involved. (3) The Secretary of State may by order amend subsection (1) by substituting a different percentage for the percentage for the time being specified in that subsection. (4) Before making an order under this section the Secretary of State must consult OFCOM. (5) 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. (6) In this section “programme” does not include an advertisement.

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310 Code of practice for electronic programme guides

(1) It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to the practices to be followed in the provision of electronic programme guides. (2) The practices required by the code must include the giving, in the manner provided for in the code, of such degree of prominence as OFCOM consider appropriate to— (a) the listing or promotion, or both the listing and promotion, for members of its intended audience, of the programmes included in each public service channel; and (b) the facilities, in the case of each such channel, for members of its intended audience to select or access the programmes included in it. (3) The practices required by the code must also include the incorporation of such features in electronic programme guides as OFCOM consider appropriate for securing that persons with disabilities , in particular those affecting their sight or hearing or both — (a) are able, so far as practicable, to make use of such guides for all the same purposes as persons without... disabilities; and (b) are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the programmes listed or promoted. (4) Subject to subsection (5), in subsection (2) the reference to the public service channels is a reference to any of the following— (a) any service of television programmes provided by the BBC in digital form so as to be available for reception by members of the public; (b) any Channel 3 service in digital form; (c) Channel 4 in digital form; (d) Channel 5 in digital form; (e) S4C Digital; (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) a local digital television programme service; (h) a simulcast local service. (5) The Secretary of State may by order— (a) add any programme service to the services for the time being specified in subsection (4) as public service channels; or (b) delete a service from that subsection. (6) Before making an order under subsection (5) the Secretary of State must consult OFCOM. (7) In this section “intended audience”, in relation to a service of any description, means— (a) if the service is provided only for a particular area or locality of the United Kingdom, members of the public in that area or locality; (b) if it is provided for members of a particular community, members of that community; and (c) in any other case, members of the public in the United Kingdom. (8) In this section “electronic programme guide” means a service which consists of— (a) the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and (b) a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide. (9) In this section “local digital television programme service” means any service which falls within a description of service in relation to which provision is for the time being made under section 244 (local digital television services). (10) In this section “simulcast local service” means a service provided in digital form and corresponding to a local digital television programme service. (11) For the purposes of subsection (10), a service corresponds to a local digital television programme service (“the relevant service”) if all of the programmes included in the relevant service are provided at the same time on both services.

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311 Conditions to comply with code under s. 310

(1) The regulatory regime for every service consisting in or including an electronic programme guide includes whatever conditions (if any) OFCOM consider appropriate for securing that the code maintained by them under section 310 is observed in the provision of those services. (2) In this section “electronic programme guide” has the same meaning as in section 310.

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311A Report on electronic programme guides and public service channels

(1) It is the duty of OFCOM from time to time to prepare and publish a report dealing with— (a) the provision by electronic programme guides of information about programmes— (i) included in public service channels, or (ii) provided by means of on-demand programme services by persons who also provide public service channels, and (b) the facilities provided by such guides for the selection of, and access to, such programmes. (2) When preparing the report OFCOM must consult such persons as appear to them appropriate. (3) In this section “electronic programme guide” and “public service channel” have the same meanings as in section 310.

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312 Character and coverage of sound broadcasting services

(1) Section 106 of the 1990 Act (requirements as to character and coverage of local and national radio services) shall be amended as follows. (2) In subsection (1), the words from “except” onwards shall be omitted. (3) After subsection (1) (duty to ensure character preserved subject to departures that do not restrict service) there shall be inserted— (1A) Conditions included in a licence for the purposes of subsection (1) may provide that OFCOM may consent to a departure from the character of the licensed service if, and only if, they are satisfied— (a) that the departure would not substantially alter the character of the service; (b) that the departure would not narrow the range of programmes available by way of relevant independent radio services to persons living in the area or locality for which the service is licensed to be provided; (c) that, in the case of a local licence, the departure would be conducive to the maintenance or promotion of fair and effective competition in that area or locality; or (d) that, in the case of a local licence, there is evidence that, amongst persons living in that area or locality, there is a significant demand for, or significant support for, the change that would result from the departure. (1B) The matters to which OFCOM must have regard in determining for the purposes of this section the character of a service provided under a local licence include, in particular, the selection of spoken material and music in programmes included in the service. (4) For subsection (5) (restriction on power to extend licence to new area or locality) there shall be substituted— (5) OFCOM shall only exercise the power conferred on them by subsection (4) if it appears to them— (a) that to do so would not result in a significant increase of the area or locality for which the service in question is licensed to be provided; or (b) that the increase that would result is justifiable in the exceptional circumstances of the case. (5) After subsection (6) of that section there shall be inserted— (7) In this section “relevant independent radio services” means the following services so far as they are services falling to be regulated under section 245 of the Communications Act 2003— (a) sound broadcasting services; (b) radio licensable content services; (c) additional services; but, in relation to a departure from the character of a service provided under a local licence, does not include a service that is provided otherwise than wholly or mainly for reception by persons living and working in the area or locality in question.

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313 Consultation about change of character of local services

After section 106 of the 1990 Act there shall be inserted— Consultation about change of character of local services 106ZA (1) Before deciding for the purposes of a condition imposed under subsection (1A) of section 106 whether to consent to a departure from the character of a service provided under a local licence on any of the grounds mentioned in paragraphs (b) to (d) of that subsection, OFCOM must publish a notice specifying— (a) the proposed departure; and (b) the period in which representations may be made to OFCOM about the proposal. (2) That period must end not less than 28 days after the date of publication of the notice. (3) The notice must be published in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the departure. (4) OFCOM— (a) are not required to publish a notice under this section, and (b) may specify a period of less than 28 days in such a notice as the period for representations, if they consider that the publication of the notice, or allowing a longer period for representations, would result in a delay that would be likely prejudicially to affect the interests of the licence holder. (5) OFCOM are not required under this section— (a) to publish any matter that is confidential in accordance with subsection (6) or (7); or (b) to publish anything that it would not be reasonably practicable to publish without disclosing such a matter. (6) A matter is confidential under this subsection if— (a) it relates specifically to the affairs of a particular body; and (b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body. (7) A matter is confidential under this subsection if— (a) it relates specifically to the private affairs of an individual; and (b) its publication would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

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314 Local news and information in local sound broadcasting services

(1) A local sound broadcasting licence must contain such conditions as OFCOM consider appropriate for— (a) requiring the licensed local sound broadcasting service to include, and regularly broadcast, programmes that consist of or include local news and information, and (b) requiring that local news to consist of or include locally-gathered news. (1A) But subsection (1) does not apply in the case of a local sound broadcasting service if OFCOM consider it is appropriate for it not to apply in that case. (2) OFCOM must— (a) draw up guidance as to how they consider the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1); and (b) have regard to that guidance in carrying out their functions under subsection (1). (3) The guidance may be different for different descriptions of services. (4) OFCOM may revise the guidance from time to time. (5) Before drawing up or revising the guidance, OFCOM must consult— (a) such persons as appear to them to represent the interests of persons for whom local sound broadcasting services are or would be provided; (b) persons holding licences to provide local sound broadcasting services or persons appearing to represent such persons, or both; and (c) such other persons as they consider appropriate. (6) OFCOM must publish the guidance and every revision of it in such manner as they consider appropriate. (7) In this section— ... “local news and information”, in relation to a local sound broadcasting service, means news and information which is of particular interest— to persons living or working within the area or locality for which the service is provided; to persons living or working within a part of that area or locality; or to particular communities living or working within that area or locality or a part of it; “locally-gathered”, in relation to news broadcast on a local sound broadcasting service, means— news gathered in the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the local sound broadcasting service by persons who gather news in the course of an employment or business, or if there is no local radio multiplex service with such a coverage area, news gathered in the area or locality for which the local sound broadcasting service is provided by persons who gather news in the course of an employment or business; and for this purpose the coverage area for a local radio multiplex service or local sound broadcasting service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this section; ... and “programme” does not include an advertisement. (8) References in this section to persons living or working within an area or locality include references to persons undergoing education or training in that area or locality. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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315 Variations of radio multiplex licences affecting service characteristics

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315A Local news and information in local digital radio services

(1) The Secretary of State may, by regulations, make provision for enabling OFCOM to ensure that, for each licensed local radio multiplex service, at least one of the licensed local digital sound programme services broadcast by means of that multiplex service consists of, or includes, local news and information or locally-gathered news and information. (2) The provision that may be made by regulations under this section includes provision about the conditions that OFCOM may, or must, include in a licence that authorises the provision of— (a) a local digital sound programme service, or (b) a local radio multiplex service. (3) The Secretary of State must consult OFCOM before making regulations under this section. (4) The power in section 402(3)(c) for regulations under this section to make consequential provision includes power to make provision which amends any enactment. (5) In this section— “licensed” local radio multiplex service or local digital sound programme service means such a service which is provided in accordance with a licence issued by OFCOM; “local news and information”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news and information which is of particular interest— to persons living or working within the area or locality for which the multiplex service is provided; to persons living or working within a part of that area or locality; or to particular communities living or working within that area or locality or a part of it; “locally-gathered news”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news that has been gathered in the area or locality for which the multiplex service is provided, by persons who gather news in the course of an employment or business.

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316 Conditions relating to competition matters

(1) The regulatory regime for every licensed service includes the conditions (if any) that OFCOM consider appropriate for ensuring fair and effective competition in the provision of licensed services or of connected services. (2) Those conditions must include the conditions (if any) that OFCOM consider appropriate for securing that the provider of the service does not— (a) enter into or maintain any arrangements, or (b) engage in any practice, which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services. (3) A condition imposed under this section may require a licence holder to comply with one or both of the following— (a) a code for the time being approved by OFCOM for the purposes of the conditions; and (b) directions given to him by OFCOM for those purposes. (4) In this section— “connected services”, in relation to licensed services, means the provision of programmes for inclusion in licensed services and any other services provided for purposes connected with, or with the provision of, licensed services; and “licensed service” means a service licensed by a Broadcasting Act licence.

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317 Exercise of Broadcasting Act powers for a competition purpose

(1) This section applies to the following powers of OFCOM (their “Broadcasting Act powers”)— (a) their powers under this Part of this Act and under the 1990 Act and the 1996 Act to impose or vary the conditions of a Broadcasting Act licence; (b) every power of theirs to give an approval for the purposes of provision contained in the conditions of such a licence; (c) every power of theirs to give a direction to a person who is required to comply with it by the conditions of such a licence; and (d) every power of theirs that is exercisable for the purpose of enforcing an obligation imposed by the conditions of such a licence. (2) Before exercising any of their Broadcasting Act powers for a competition purpose, OFCOM must consider whether a more appropriate way of proceeding in relation to some or all of the matters in question would be under the Competition Act 1998 (c. 41). (3) If OFCOM decide that a more appropriate way of proceeding in relation to a matter would be under the Competition Act 1998, they are not, to the extent of that decision, to exercise their Broadcasting Act powers in relation to that matter. (4) If OFCOM have decided to exercise any of their Broadcasting Act powers for a competition purpose, they must, on or before doing so, give a notification of their decision. (5) A notification under subsection (4) must— (a) be given to such persons, or published in such manner, as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by their decision; and (b) must describe the rights conferred by subsection (6) on the persons affected by that decision. (6) A person affected by a decision by OFCOM to exercise any of their Broadcasting Act powers for a competition purpose may appeal to the Competition Appeal Tribunal against so much of that decision as relates to the exercise of that power for that purpose. (7) Sections 192(3) to (5), (7) and (8), 194A and 196 apply in the case of an appeal under subsection (6) as they apply in the case of an appeal under section 192(2). (8) The jurisdiction of the Competition Appeal Tribunal on an appeal under subsection (6) excludes— (a) whether OFCOM have complied with subsection (2); and (b) whether any of OFCOM’s Broadcasting Act powers have been exercised in contravention of subsection (3); and, accordingly, those decisions by OFCOM on those matters fall to be questioned only in proceedings for judicial review. (9) For the purposes of this section a power is exercised by OFCOM for a competition purpose if the only or main reason for exercising it is to secure that the holder of a Broadcasting Act licence does not— (a) enter into or maintain arrangements, or (b) engage in a practice, which OFCOM consider, or would consider, to be prejudicial to fair and effective competition in the provision of licensed services or of connected services. (10) Nothing in this section applies to— (a) the exercise by OFCOM of any of their powers under sections 290 to 294 or Schedule 11; (b) the exercise by them of any power for the purposes of any provision of a condition included in a licence in accordance with any of those sections; (c) the exercise by them of any power for the purpose of enforcing such a condition. (11) In subsection (9) “connected services” and “licensed service” each has the same meaning as in section 316. (12) References in this section to the exercise of a power include references to an exercise of a power in pursuance of a duty imposed on OFCOM by or under an enactment.

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