Communications Act 2003

Decision of OFCOM whether or not to approve arrangements or modifications

4 (1) The decision made by OFCOM under paragraph 3(4) has to be one of the following—

(a) a decision to approve the arrangements or modifications unconditionally;

(b) a decision to give a conditional approval to the arrangements or modifications;

(c) a decision to refuse approval.

(2) A conditional approval is one that has effect only if effect is given, in relation to the proposed arrangements or modifications, to changes proposed by OFCOM.

(3) Before deciding to give a conditional approval, OFCOM must consult every holder of a regional Channel 3 licence about the changes they are proposing.

(4) When OFCOM have made their decision, they must prepare a report setting out—

(a) their decision; and

(b) their reasons for that decision.

(5) OFCOM must publish the report and send a copy of it to—

(a) the Office of Fair Trading; and

(b) every person to whom the relevant arrangements will apply, or do apply.

(6) The relevant arrangements are—

(a) the arrangements for which approval has been sought; or

(b) the arrangements which are the subject of the modifications for which approval has been sought.