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(a) that what appears to OFCOM to be a suitable proportion of Channel 3 | |
programmes made in the United Kingdom are programmes made in | |
the United Kingdom outside the M25 area; | |
(b) that the Channel 3 programmes that are made in the United Kingdom | |
outside the M25 area (taken together) constitute what appears to | 5 |
OFCOM to be a suitable range of programmes; | |
(c) that what appears to OFCOM to be a suitable proportion of the | |
expenditure of the providers of Channel 3 services on Channel 3 | |
programmes made in the United Kingdom is referable to programme | |
production at different production centres outside the M25 area; and | 10 |
(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 | 15 |
regard to the nature of the service, that it would be appropriate for conditions | |
falling within that subsection to be so included. | |
(3) The regulatory regime for Channel 5 includes the conditions that OFCOM | |
consider appropriate for securing— | |
(a) that what appears to OFCOM to be a suitable proportion of the | 20 |
programmes made in the United Kingdom for viewing on that Channel | |
are programmes made in the United Kingdom outside the M25 area; | |
(b) that the programmes for such viewing that are made in the United | |
Kingdom outside the M25 area (taken together) constitute what | |
appears to OFCOM to be a suitable range of programmes; | 25 |
(c) that what appears to OFCOM to be a suitable proportion of the | |
expenditure of the provider of Channel 5 on programmes made in the | |
United Kingdom for viewing on that Channel is referable to | |
programme production at different production centres outside the M25 | |
area; and | 30 |
(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. | 35 |
(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) In this section— | 40 |
“Channel 3 programmes” means programmes made for viewing on | |
Channel 3 in more than one area for which regional Channel 3 services | |
are provided, including any programme made for viewing on a | |
national Channel 3 service other than a regional programme; | |
“expenditure”, in relation to a programme, means— | 45 |
(a) expenditure which constitutes an investment in or is otherwise | |
attributable to the making of the programme; or | |
(b) 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; | 50 |
| |
| |
|
| |
| |
“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. | 5 |
279 Regional programming | |
(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 | 10 |
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; | 15 |
(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 | 20 |
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 | 25 |
(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 | 30 |
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 | 35 |
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 | 40 |
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 | 45 |
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. | |
| |
| |
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| |
| |
(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). | 5 |
(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 | 10 |
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 | 15 |
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; | 20 |
(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 | 25 |
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. | 30 |
(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) In this section— | 35 |
“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; | 40 |
“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; | 45 |
“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”— | |
| |
| |
|
| |
| |
(a) 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; | |
(b) in relation to a national Channel 3 service, means a programme | 5 |
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. | |
280 Regional programme-making for Channel 4 | 10 |
(1) The regulatory regime for Channel 4 includes the conditions that OFCOM | |
consider appropriate for securing— | |
(a) that what appears to OFCOM to be a suitable proportion of | |
programmes made in the United Kingdom for viewing on Channel 4 | |
are programmes made in the United Kingdom outside the M25 area; | 15 |
(b) that the programmes for such viewing that are made in the United | |
Kingdom outside the M25 area (taken together) constitute what | |
appears to OFCOM to be a suitable range of programmes; | |
(c) that what appears to OFCOM to be a suitable proportion of the | |
expenditure of C4C on programmes made in the United Kingdom for | 20 |
viewing on Channel 4 is referable to programme production at | |
different production centres outside the M25 area; and | |
(d) that the different programme production centres to which that | |
expenditure is referable constitute what appears to OFCOM to be a | |
suitable range of such production centres. | 25 |
(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). | 30 |
(4) In this section— | |
“expenditure”, in relation to a programme, means— | |
(a) expenditure which constitutes an investment in or is otherwise | |
attributable to the making of the programme; or | |
(b) expenditure on the commissioning or other acquisition of the | 35 |
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. | |
281 Inclusion of regional matters in the public teletext service | |
(1) The regulatory regime for the public teletext service includes the conditions | 40 |
that OFCOM consider appropriate for securing that the service includes what | |
appears to them to be an appropriate proportion of material that is of particular | |
interest to persons living in different parts of the United Kingdom. | |
(2) Conditions imposed under this section in relation to a time when the public | |
teletext service comprises both— | 45 |
(a) an analogue teletext service, and | |
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| |
|
| |
| |
(b) a teletext service provided in digital form, | |
must apply to both services but may make different provision for each of them. | |
Networking arrangements for Channel 3 | |
282 Proposals for arrangements | |
(1) An application for a regional Channel 3 licence, in addition to being | 5 |
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 | 10 |
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— | 15 |
(a) apply to all the holders of regional Channel 3 licences; | |
(b) provide for programmes made, commissioned or acquired by or on | |
behalf of one or more of the holders of such licences to be available for | |
broadcasting in all regional Channel 3 services; and | |
(c) are made for the purpose of enabling regional Channel 3 services (taken | 20 |
as a whole) to be a nationwide system of services which is able to | |
compete effectively with other television programme services provided | |
in the United Kingdom. | |
283 Obligation as to making and continuance of approved arrangements | |
(1) The regulatory regime for every regional Channel 3 service includes the | 25 |
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 284 | 30 |
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 | 35 |
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 | 40 |
imposed under section 283 of the Communications Act 2003; | |
or | |
| |
| |
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| |
| |
(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 | 5 |
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.” | 10 |
284 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— | 15 |
(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 | 20 |
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 | 25 |
(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 | 30 |
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. | 35 |
(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 | 40 |
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 | 45 |
| |
| |
|
| |
| |
(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 | 5 |
283; 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. | |
285 Review of approved networking arrangements etc. | 10 |
(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 210(1) close or (if those offers close on | 15 |
different dates) the latest of those dates. | |
(3) Every subsequent review must be carried out no more than one year 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 | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
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 283. | 40 |
286 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. | |
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