Part 3A

Prominence on television selection services

References of disputes to OFCOM

References of disputes to OFCOM
362AT
1
This section applies in the case of a dispute between the provider of a designated internet programme service and the provider of a regulated television selection service about—
a
the arrangements that should be made between them in order to give effect to the prominence duties that relate to them, or
b
the operation of arrangements made between them in order to give effect to those duties.
2
For the purposes of
subsection (1)
—
a
the prominence duties relating to the provider of a designated internet programme service are—
i
in the case of a provider other than the BBC, the duties under
section 362AJ
;
ii
in the case of the BBC, any duties of the BBC under the BBC Charter and Agreement that are comparable to the duties of other providers under
section 362AJ
;
b
the prominence duties relating to the provider of a regulated television selection service are the duties under sections
362AK
and
362AO
(1)
.
3
Any one or more of the parties to the dispute may refer it to OFCOM but only if (and when) there is no realistic prospect of resolving the dispute without referring it.
4
OFCOM may invite any one or more of the parties to the dispute to make a reference under
subsection (3)
.
5
OFCOM—
a
may impose requirements about the manner in which a reference must be made by publishing a notice setting out those requirements,
b
may withdraw or modify any requirements that have been imposed by publishing a further notice, and
c
in exercising their powers under
paragraph (a)
or
(b)
, may make different provision for different cases.
6
OFCOM may publish a notice under
subsection (5)
in such ways as they consider appropriate for bringing the notice to the attention of those who, in their opinion, are likely to be affected by it.
Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))