270 Enforcement of public service remits
Communications Act 2003 (2003 c 21) | Legislation

270  Enforcement of public service remits

(1)     This section applies if OFCOM are of the opinion that the provider of a licensed public service channel . . .—

(a)     has failed[, in any respect,] to fulfil the public service remit for that channel . . .; or

(²ú)ÌýÌýÌýÌý has failed, in any respect, to make an adequate contribution towards the fulfilment of the purposes of public service television broadcasting in the United Kingdom.

(2)     This section does not apply unless—

(a)     OFCOM are of the opinion that the failure of the provider is serious and is not excused by economic or market conditions; and

(²ú)ÌýÌýÌýÌý OFCOM determine that the situation requires the exercise of their powers under this section.

(3)     In making a determination under subsection (2)(b), OFCOM must have regard, in particular, to—

(a)     the public service remit of that provider;

(²ú)ÌýÌýÌýÌý the statements of programme policy . . . made (or treated as made) by the provider under section 266 . . .;

(c)     the record generally of the provider in relation to the carrying out of obligations imposed

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