289 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
(2) The obligations arising under conditions imposed in accordance with sections
286 to 288 are subject to the rights of appeal conferred by that Schedule.
Special obligations for Channel 4
290 Involvement of C4 Corporation in programme-making
(1) The regulatory regime for Channel 4 includes a condition requiring C4C not to
be involved, except to such extent as OFCOM may allow, in the making of
programmes to be broadcast on Channel 4.
(2) In this section “programme” does not include an advertisement.
291 Schools programmes on Channel 4
(1) The regulatory regime for Channel 4 includes the conditions that OFCOM
consider appropriate for securing that what appears to them to be a suitable
proportion of the programmes which are included in Channel 4 are schools
(2) A licence under the 1990 Act to provide Channel 4 may also include conditions
authorised by the following provisions of this section.
(3) The conditions authorised by this section include conditions requiring C4C—
(a) to finance the production of schools programmes; and
(b) to acquire schools programmes provided by other persons.
(4) The conditions authorised by this section include conditions requiring C4C to
ensure that schools programmes on Channel 4—
(a) are of high quality; and
(b) are suitable to meet the needs of schools throughout the United
(5) The conditions authorised by this section include conditions specifying the
minimum number of hours in term time, or within normal school hours, that
are to be allocated to the broadcasting of schools programmes on Channel 4.
(6) The conditions authorised by this section include conditions requiring C4C to
provide such material for use in connection with the schools programmes
broadcast by them as may be necessary to secure that effective use is made of
those programmes in schools.
(7) The conditions authorised by this section include conditions requiring C4C
from time to time to consult such persons who—
(a) are concerned with schools or with the production of schools
(b) have an interest in schools or in the production of schools programmes,
as OFCOM think fit.
(8) Before imposing a condition under this section, OFCOM must consult C4C.
(9) 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
(10) In determining for the purposes of subsection (1) what proportion of the
programmes included in Channel 4 should be schools programmes, OFCOM
must take into account services, facilities and materials which C4C provide to
schools, or make available for schools, otherwise than by the inclusion of
programmes in Channel 4.
(11) Section 34 of the 1990 Act (requirement as to schools programmes in relation to
all licensed public service channels taken together) shall cease to have effect.
(12) In this section “schools programmes” means programmes which are intended
for use in schools.
292 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
(3) In subsection (5), at the end there shall be inserted—
“‘Channel 4 licence’ means—
(a) the licence referred to in section 228(1)(b) of the
Communications Act 2003; and
(b) a licence renewing that licence on the first or any
(4) This section has effect in relation only to financial years beginning after the
television transfer date.
Special obligation for the public teletext provider
293 Conditions prohibiting interference with other services
The regulatory regime for the public teletext service includes the conditions
that OFCOM consider appropriate for securing that the provision of so much
of the public teletext service as is provided in analogue form does not cause
(a) the television broadcasting service or services on whose frequency or
frequencies it is provided; or
(b) any other wireless telegraphy transmissions.
Sporting and other events of national interest
294 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
(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—
(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.”
295 Effects of categorisation of listed events
(1) In section 99(1) of the 1996 Act (avoidance of contracts for exclusive rights to
televise listed events), for “listed event” there shall be substituted “Group A
(2) In section 101 of that Act (restriction on televising of listed events), for
subsection (1) there shall be substituted—
“(1) A television programme provider who—
(a) is providing a service (‘the first service’) falling within either
(b) is providing it with a view to its being available (within the
meaning of Part 3 of the Communications Act 2003) for
reception by members of the public in the United Kingdom, or
in any area of the United Kingdom,
must not include live coverage of a listed event in that service unless it
is authorised by subsection (1A), (1B) or (1C).
(1A) Live coverage of a listed event is authorised by this subsection if—
(a) a television programme provider (other than the provider of the
first service) has acquired the right to include live coverage of
the event in his service (‘the second service’); and
(b) the second service—
(i) falls into a different category from the first service, and
(ii) is provided for an area that consists of or includes all or
almost all of the area for which the first service is
(1B) Live coverage of a listed event is authorised by this subsection if
OFCOM have consented in advance to inclusion of that coverage in the
(1C) Live coverage of a listed event is authorised by this subsection if—
(a) the listed event is a Group B event,
(b) rights to provide coverage of the event have been acquired by
one or more persons in addition to the provider of the first
(c) that additional coverage constitutes adequate alternative
coverage of the event, and
(d) the person or persons who have acquired rights to provide the
additional coverage satisfy the requirements in relation to that
coverage of any regulations made under section 104ZA for the
purposes of this paragraph.
(1D) Subsections (1) to (1C) apply to the coverage of a part of a listed event
as they apply to the coverage of the whole of that event.”
(3) In subsection (2) of that section, for “under subsection (1)” there shall be
substituted “for the purposes of subsection (1B).”
(4) After subsection (4) of that section there shall be inserted—
“(5) References in this section to a category of service are references to a
category of service set out in section 98(1).”
(5) In section 102(2) of that Act (penalties), for “under subsection (1) of section 101”
there shall be substituted “for the purposes of section 101(1B)”.
(6) In section 103(2) of that Act (reports to the Secretary of State), for “under
subsection (1) of section 101” there shall be substituted “for the purposes of
296 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
(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
(2) Where OFCOM are required to draw up a code by virtue of this section—
(a) they shall do so as soon as practicable after the commencement of this
(b) the code shall have no effect in relation to any time before the
commencement of section 295 of this Act.
297 Regulations about coverage of listed events
(1) After section 104 of the 1996 Act there shall be inserted—
“104ZA Regulations about coverage of listed events
(1) OFCOM may make regulations for determining for the purposes of this
(a) the circumstances in which the televising of listed events
generally, or of a particular listed event, is or is not to be treated
(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 396 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;”.
Television services for the deaf and visually impaired
298 Code relating to provision for the deaf and visually impaired
(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—
(i) persons who are deaf or hard of hearing, and
(ii) persons who are blind or partially-sighted,
of the programmes to be included in such services, and
(b) the means by which such understanding and enjoyment should be
(2) The code must require that, as from the tenth anniversary of the relevant date,
the obligations in subsection (3) must be satisfied—
(a) by reference to weekly figures calculated using the average over a
twelve-month period beginning after that anniversary; and
(b) irrespective of the twelve month period beginning after that date that is
taken as the basis for making the calculation.
(3) Those obligations are—
(a) that at least 90 per cent. in every week 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. in every week 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. in every week 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. in every week 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
(4) A reference in any paragraph of subsection (3) to excluded programmes is a
reference to programmes of the description for the time being set out under
subsection (5) in relation to that paragraph and also in relation to the service in
(5) The code must set out, in relation to each of the paragraphs of subsection (3),
the descriptions of programmes that OFCOM consider should be excluded
programmes for the purposes of the requirement contained in that paragraph.
(6) In complying with subsection (5), OFCOM must have regard, in particular,
(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.
(7) The exclusions that may be set out in the code under subsection (5)—
(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 (6)) is a special case, may include
all the programmes included in the service.
(8) 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 (9), by dates
falling before the anniversary mentioned in subsection (2); and
(b) 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.
(9) The interim targets mentioned in subsection (8)(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 (2), or as targets to be met in addition to the targets so
(10) This section applies to the following services—
(a) S4C Digital or any other television programme service provided by the
Welsh Authority 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
(d) a television licensable content service but not an electronic programme
(e) a restricted television service;
(f) a qualifying service but not a teletext service.
(11) In this section—
“electronic programme guide” means a service which—
(a) is or is included in a television licensable content service or a
digital television programme service; and
(b) consists of—
(i) 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
(ii) a facility for obtaining access, in whole or in part, to the
programme service or services listed or promoted in the
“programme” does not include an advertisement.
299 Procedure for issuing and revising code under s. 298
(1) Before drawing up a code under section 298 or reviewing or revising it in
pursuance of that section, OFCOM must consult—
(a) such persons appearing to them to represent the interests of persons
falling within subsection (1)(a)(i) or (ii) of that section as OFCOM think