SCHEDULES

SCHEDULE 4 References with Respect to Networking Arrangements

References to MMC

4

1

Where the F3OFT’s report on any arrangements contains any such conclusions as are mentioned in paragraph 1(4), the F1ITC or the holder of any regional Channel 3 licence may, within the relevant period, make to the F2Competition Commission a reference which is so framed as to require the F2Competition Commission to investigate and report on either or both of the following questions, namely—

a

whether the arrangements, or any particular provisions of the arrangements, satisfy the competition test;

b

whether the modifications specified in the report, or any particular modification so specified, ought to be incorporated in the arrangements for the purpose of enabling them to satisfy that test.

2

In sub-paragraph (1) “the relevant period” means the period of four weeks beginning with the date of publication of the F3OFT’s report.

3

Where a reference is made to the F2Competition Commission under this paragraph, the F2Competition Commission shall (subject to sub-paragraphs (4) and (5))—

a

publish a notice of the reference in such manner as they consider most suitable for bringing it to the attention of persons who, in the opinion of the F2Competition Commission, would be affected by or be likely to have an interest in it; and

b

make a report on the reference within the period of three months beginning with the date of publication of the notice referred to in paragraph (a).

4

The period referred to in sub-paragraph (3)(b) may be extended by the F2Competition Commissionby a further period of three months if they consider it necessary to do so.

5

The F2Competition Commission shall not be required to proceed with any reference under this paragraph which appears to them to be frivolous or vexatious; but, where they decide not to proceed with any such reference, they shall publish a notice of their decision in such manner as they consider appropriate.

6

If—

a

while the F2Competition Commission are proceeding with any reference under this paragraph, the F3OFT is informed in accordance with section 39(12)(b) of this Act of any modification to the arrangements in respect of which the reference has been made, and

b

it appears to F3it that the modification is material to any issue falling to be considered by the F2Competition Commission on the reference,

F3it shall refer the modification to the F2Competition Commission, who may, if they think fit, treat the reference as varied so far as is necessary to take account of the modification; and, if they do so, references to those arrangements in paragraphs 5 and 6 shall accordingly be construed as references to those arrangements as modified.

F47

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F47A

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