SCHEDULES

SCHEDULE 11Approval, imposition and modification of networking arrangements

Decision of OFCOM whether or not to approve arrangements or modifications

4

1

The decision made by OFCOM under paragraph 3(4) has to be one of the following—

a

a decision to approve the arrangements or modifications unconditionally;

b

a decision to give a conditional approval to the arrangements or modifications;

c

a decision to refuse approval.

2

A conditional approval is one that has effect only if effect is given, in relation to the proposed arrangements or modifications, to changes proposed by OFCOM.

3

Before deciding to give a conditional approval, OFCOM must consult every holder of a regional Channel 3 licence about the changes they are proposing.

4

When OFCOM have made their decision, they must prepare a report setting out—

a

their decision; and

b

their reasons for that decision.

5

OFCOM must publish the report and send a copy of it to—

a

the Office of Fair Trading; and

b

every person to whom the relevant arrangements will apply, or do apply.

6

The relevant arrangements are—

a

the arrangements for which approval has been sought; or

b

the arrangements which are the subject of the modifications for which approval has been sought.