Part 3Television and Radio Services ETC

Chapter 4Regulatory provisions

The public service remit for television

F1271ARemedying failure by C4C to perform media content duties

(1)

This section applies if OFCOM are satisfied—

(a)

that C4C have failed to comply with a direction under section 198D in respect of a failure to perform one or more of their duties under section 198A F2or 198AA,

(b)

that C4C are still failing to perform that duty or those duties, and

(c)

that it would be both reasonable and proportionate to the seriousness of the failure to vary the licence under which Channel 4 is licensed (“the Channel 4 licence”) in accordance with this section.

(2)

OFCOM may, by notice to C4C, vary the Channel 4 licence by adding such conditions, or making such modifications of conditions, as OFCOM consider appropriate for remedying (entirely or partly) C4C's failure to perform the duty or duties under section 198A F3or 198AA.

(3)

If, at any time following such a variation, OFCOM consider that any of the additional conditions or modifications is no longer necessary, they may again vary the licence with effect from such time as they may determine.

(4)

OFCOM must consult C4C before exercising their power under this section to vary the Channel 4 licence.