5(1)The Chapter I prohibition does not apply in respect of any networking arrangements to the extent to which they—
(a)are subject to Schedule 4 to the Broadcasting Act 1990 (competition references with respect to networking arrangements); or
(b)contain provisions which have been considered under that Schedule.
(2)The Independent Television Commission (“ITC”) must publish a list of the networking arrangements which in their opinion are excluded from the Chapter I prohibition by virtue of sub-paragraph (1).
(3)The ITC must—
(a)consult the Director before publishing the list, and
(b)publish the list in such a way as they think most suitable for bringing it to the attention of persons who, in their opinion, would be affected by, or likely to have an interest in, it.
(4)In this paragraph “networking arrangements” means—
(a)any arrangements entered into as mentioned in section 39(4) or (7)(b) of the Broadcasting Act 1990, or
(b)any agreements—
(i)which do not constitute arrangements of the kind mentioned in paragraph (a), but
(ii)which are made for the purpose mentioned in section 39(1) of that Act, or
(c)any modification of the arrangements or agreements mentioned in paragraph (a) or (b).