C2C1Part 3Television and Radio Services F3ETC

Annotations:
Amendments (Textual)
F3

Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications etc. (not altering text)

F2F1Chapter 4Regulatory provisions

Annotations:
Amendments (Textual)
F2

Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)

F1

Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)

Independent and regional productions and programmes for public service television

I1288Regional programme-making for Channel 4

1

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

a

that 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;

b

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

c

that what appears to OFCOM to be a suitable proportion of the expenditure of C4C on programmes made in the United Kingdom for viewing on 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

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

5

In this section—

  • “expenditure”, in relation to a programme, means—

    1. a

      expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or

    2. 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.