Section 270 Enforcement of public service remitsI1

has failed F2, in any respect, to fulfil the public service remit for that channel F3...; F4...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

OFCOM determine that the situation requires the exercise of their powers under this section.

the public service remit of that provider;

the statements of programme policy F5... made (or treated as made) by the provider under section 266 F6...;

the record generally of the provider in relation to the carrying out of obligations imposed by conditions of licences under the 1990 Act and the 1996 Act (including past obligations);

F7the record of the provider as regards compliance with duties under Part 4A (on-demand programme services);

the effectiveness and efficiency of the provider in monitoring his own performance; and

general economic and market conditions affecting generally the providers of television programme services or the providers of television multiplex services, or both of them.

to revise the provider’s latest statement of programme policy F8... in accordance with the directions; and

to take such steps for remedying the provider’s failure as OFCOM may specify in the direction as necessary for that purpose.

a reasonable timetable for complying with it; and

the factors that will be taken into account by OFCOM in determining—

that the provider of a public service channel F10... has failed to comply with a direction under this section,

that that provider is still failing to fulfil the public service remit for that channel F11... F12..., and

that it would be both reasonable and proportionate to the seriousness of that failure to vary the provider’s licence in accordance with this subsection,

omits the conditions imposed by virtue of sections 265 to F13267; and

replaces those conditions with such specific conditions as OFCOM consider appropriate for securing that the provider—

to provide for the conditions required by virtue of sections 265 to F17267 again to be included in the regulatory regime for the F18channel provided by that provider; and

to remove or modify some or all of the specific conditions inserted under that subsection.