Part 3Television and Radio Services ETC

Chapter 4Regulatory provisions

Independent and regional productions and programmes for public service television

288Regional programme-making for Channel 4

(1)

The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing F1in each year—

(a)

F2that 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;

F2that the provider of that Channel makes available qualifying audiovisual content that, so far as it consists of programmes made in the United Kingdom, includes programmes made outside the M25 area;

(aa)

that the duration (in total) of the programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate;

(b)

that F3the programmes for such viewing that are made in the United Kingdom outside the M25 area F3those programmes (taken together) constitute what appears to OFCOM to be a suitable range of programmes;

(c)

that what appears to OFCOM to be F4a suitable proportion F4a suitable amount of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 F5, or for viewing by means of any other qualifying audiovisual service provided by the provider of Channel 4, is referable to programme production at 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.

(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)

F6A proportion F6An amount of expenditure is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than F7a significant proportion of the programmes or expenditure F7a significant amount of the expenditure in question.

(5)

In this section—

“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 service or to have it broadcast; and

“programme” does not include an advertisement.

F8(6)

See also sections 278B and 278C (which make further provision for the interpretation of this section etc).