F1Part 3AProminence on television selection services
Must-offer and must-carry obligations
362AMMeaning of “the agreement objectives”
(1)
(a)
that a designated internet programme service is given an appropriate degree of prominence within a regulated television selection service;
(b)
that, in a case where a designated internet programme service contributes to—
(i)
the fulfilment of the public service remit for a licensed public service channel,
(ii)
the fulfilment of S4C’s public service remit, or
(iii)
the promotion of one or more of the BBC’s public purposes,
the arrangements made between the provider of that designated internet programme service and the provider of a regulated television selection service do not adversely affect the ability of the provider of that channel to fulfil the public service remit for that channel, the ability of S4C to fulfil S4C’s public service remit or (as the case may be) the ability of the BBC to promote its public purposes;
(c)
that arrangements so made do not disproportionately restrict how the provider of a regulated television selection service may make innovations in the ways that users may select and access internet programme services or programmes included in such services.
(2)
The reference in subsection (1)(a) to a designated internet programme service being given an appropriate degree of prominence within a regulated television selection service includes a reference to an appropriate degree of prominence being given to public service remit content and any listed channel included in that designated internet programme service, so far as the prominence of that content or channel is capable of being affected by the operation of the regulated television selection service.
(3)
The following are listed channels for the purposes of this section—
(a)
any service of television programmes provided by the BBC so as to be available for use by members of the public;
(b)
any Channel 3 service;
(c)
Channel 4;
(d)
Channel 5;
(e)
S4C Digital.