Part 3A

Prominence on television selection services

References of disputes to OFCOM

Action by OFCOM on reference of dispute
362AU
1
This section applies where—
a
a dispute is referred to OFCOM under
section 362AT
(3)
, and
b
any requirements imposed by OFCOM under
section 362AT
(5)
are met in relation to the reference.
2
OFCOM must decide whether or not it is appropriate for them to handle the dispute.
3
Subsection (4)
applies where—
a
the dispute is of the kind described in
section 362AT
(1)
(a)
(disputes between the provider of a designated internet programme service and the provider of a regulated television selection service about the arrangements that should be made between them for the purposes of their prominence duties), and
b
unless the dispute is resolved, it is highly likely that the designated internet programme service will—
i
not be included in the regulated television selection service, or
ii
not be given the appropriate degree of prominence within it.
4
OFCOM must decide that it is appropriate for them to handle the dispute unless they consider—
a
that there are alternative means available for resolving the dispute,
b
that a resolution by those means is likely to result in an outcome that is consistent with the agreement objectives, and
c
that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used.
5
As soon as reasonably practicable after OFCOM have decided whether or not it is appropriate for them to handle the dispute, they must inform each of the parties to the dispute of—
a
their decision and the date on which it was made, and
b
their reasons for it.
6
Where OFCOM decide that it is not appropriate for them to handle the dispute, the dispute may subsequently be referred back to OFCOM by one or more of the parties if—
a
the parties have used alternative means for resolving the dispute but it has not been resolved within a reasonable period of time, or
b
the parties have not used alternative means for resolving the dispute but OFCOM consider that there is a satisfactory explanation for that.
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))