Part 3

Television and Radio Services ETC
Chapter 1

The BBC, C4C the Welsh Authority and the Gaelic media service

C4C

Directions in relation to C4C's media content duties
198D
1
This section applies if
OFCOM
—
a
are of the opinion that C4C have failed to perform one or more of their duties under section 198A or section 198B(1), (3) or (5),
b
are of the opinion that the failure is serious and is not excused by economic or market conditions, and
c
determine that the situation requires the exercise of their functions under this section.
2
In making a determination under subsection (1)(c),
OFCOM
must have regard, in particular, to—
a
C4C's statements of media content policy,
b
C4C's effectiveness and efficiency in monitoring their own performance, and
c
general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).
3
OFCOM
may give directions to C4C to do one or both of the following—
a
to revise the latest statement of media content policy in accordance with the direction;
b
to take such steps for remedying the failure as
OFCOM
specify in the direction.
4
A direction given under this section must set out—
a
a reasonable timetable for complying with it, and
b
the factors that
OFCOM
will take into account in determining whether or not a failure has been remedied.
5
OFCOM
must consult C4C before giving a direction under this section.
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Ss. 198B-198D inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 23(1), 47(1)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4