SCHEDULES

SCHEDULE 11Approval, imposition and modification of networking arrangements

Decision of OFCOM whether or not to approve arrangements or modifications

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(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.