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Communications Bill


Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    253

 

 281   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—

           (a)           that what appears to OFCOM to be a suitable proportion of Channel 3

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programmes made in the United Kingdom are programmes made in

the United Kingdom outside the M25 area;

           (b)           that the Channel 3 programmes that are made in the United Kingdom

outside the M25 area (taken together) constitute what appears to

OFCOM to be a suitable range of programmes;

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           (c)           that what appears to OFCOM to be a suitable proportion of the

expenditure of the providers of Channel 3 services on Channel 3

programmes made in the United Kingdom is referable to programme

production at different production centres outside the M25 area; and

           (d)                         that the different programme production centres to which that

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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

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falling within that subsection to be so included.

     (3)    The regulatory regime for Channel 5 includes the conditions that OFCOM

consider appropriate for securing—

           (a)           that what appears to OFCOM to be a suitable proportion of the

programmes made in the United Kingdom for viewing on that Channel

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are programmes made in the United Kingdom outside the M25 area;

           (b)           that the programmes for such viewing that are made in the United

Kingdom outside the M25 area (taken together) constitute what

appears to OFCOM to be a suitable range of programmes;

           (c)           that what appears to OFCOM to be a suitable proportion of the

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expenditure of the provider of Channel 5 on programmes made in the

United Kingdom for viewing on that Channel is referable to

programme production at different production centres outside the M25

area; and

           (d)           that the different programme production centres to which that

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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

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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—

                    “Channel 3 programmes” means programmes made for viewing on

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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—

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    254

 

                  (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;

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                    “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.

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 282   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

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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;

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           (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

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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

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                  (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

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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

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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

45

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;

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

    255

 

           (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.

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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).

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     (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

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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

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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;

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           (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

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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.

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     (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—

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                    “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;

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                    “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;

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Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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                    “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

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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

included in that service with a view to its being of particular

10

interest to persons living within a particular area of the United

Kingdom;

                         and “regional news programme” is to be construed accordingly.

 283   Regional programme-making for Channel 4

     (1)    The regulatory regime for Channel 4 includes the conditions that OFCOM

15

consider appropriate for securing—

           (a)           that what appears to OFCOM to be a suitable proportion of

programmes made in the United Kingdom for viewing on Channel 4

are programmes made in the United Kingdom outside the M25 area;

           (b)           that the programmes for such viewing that are made in the United

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Kingdom outside the M25 area (taken together) constitute what

appears to OFCOM to be a suitable range of programmes;

           (c)           that what appears to OFCOM to be a suitable proportion of the

expenditure of C4C on programmes made in the United Kingdom for

viewing on Channel 4 is referable to programme production at

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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.

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     (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)    In this section—

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                    “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

programme or on the acquisition of a right to include it in a

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service or to have it broadcast; and

                    “programme” does not include an advertisement.

 284   Regional matters in the public teletext service

     (1)    The regulatory regime for the public teletext service includes the conditions

that OFCOM consider appropriate for securing that the service includes what

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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.

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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     (2)    Conditions imposed under this section in relation to a time when the public

teletext service comprises both—

           (a)           an analogue teletext service, and

           (b)           a teletext service provided in digital form,

            must apply to both services but may make different provision for each of them.

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Networking arrangements for Channel 3

 285   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

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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

15

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

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behalf of one or more of the holders of such licences to be available for

broadcasting in all regional Channel 3 services; and

           (c)                         are made for the purpose of enabling regional Channel 3 services (taken

as a whole) to be a nationwide system of services which is able to

compete effectively with other television programme services provided

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in the United Kingdom.

 286   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

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are in force whenever—

           (a)           the licence holder is providing the licensed service; and

           (b)           no networking arrangements imposed by OFCOM under section 287

are in force.

     (2)    In this section “approved networking arrangements” means networking

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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—

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                       “(1)                The Chapter I prohibition does not apply in respect of any

networking arrangements to the extent that they—

 

 

Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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                    (a)                   have been approved for the purposes of licence conditions

imposed under section 286 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

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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.”

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     (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.”

 287   OFCOM’s power to impose arrangements

     (1)    This section applies on each occasion on which OFCOM—

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           (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

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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

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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,

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            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

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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.

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     (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—

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Communications Bill
Part 3 — Television and Radio Services
Chapter 4 — Regulatory provisions

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           (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

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of the other arrangements as approved networking arrangements.

     (9)    In this section—

                    “approved networking arrangements” has the same meaning as in section

286; and

                    “regional Channel 3 providers” means persons who will be licensed to

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provide regional Channel 3 services and will be providing such

services when the licences to be awarded come into force.

 288   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)

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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 212(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 one year after the

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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

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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

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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—

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           (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

40

given effect to.

     (8)    In this section “approved networking arrangements” has the same meaning as

in section 286.

 

 

 
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