Competition

Commissioning for the BBC public services: a consultation on Ofcom’s proposed approach to assessing the BBC’s compliance with its requirements (PDF, 506.8 KB)

This consultation sets out Ofcom’s proposed approach to assessing the BBC’s compliance with the commissioning requirements set out in Schedule 3(7) of the Agreement which apply to the BBC’s television, radio and online public services. It also explains Ofcom’s approach to protecting fair and effective competition in relation to how the BBC commissions programmes and materials for its public services.

The consultation is open for a period of eight weeks and will close on 24 September 2018 at 5pm.

Separately, we are also consulting on proposed changes to our requirements and guidance on the BBC’s commercial and trading activities. This consultation can be found in the section ‘The BBC’s commercial and trading activities’ on this page.

Regulating the BBC’s impact on competition (PDF, 139.2 KB)

This document provides a general overview to our approach to BBC competition regulation.

Procedures for enforcement of BBC competition requirements

We have consulted on the procedures we would expect to follow in our enforcement of these competition requirements, including how we would expect to handle complaints, carry out investigations and impose sanctions. We published our final procedures on 28 June 2017.

The BBC’s commercial and trading activities: Requirements and guidance (PDF, 307.2 KB)

In 2017, we issued this document which explains how we will address competition concerns that could arise from the relationship between the BBC Public Service and its commercial subsidiaries, and in relation to the way the BBC carries out its trading activities. It also explains how we will conduct assessments of BBC proposals for material changes to commercial activities.

We explained at the time we were carrying out more work in this area including looking at the processes and practices around the operation of the commercial subsidiaries and their relationships with the BBC’s Public Service.

Having carried out this further work, we are now consulting on a number of changes to these requirements and guidance.

• Deadlines for the publication and provision of information under the Monitoring, Reporting and Transparency requirements (PDF, 650.1 KB). This document specifies the dates by which the BBC must publish or provide information to Ofcom (as applicable) for the first time and in subsequent periods.
• Overview of Ofcom’s work regarding BBC Studios and the BBC’s commercial and trading activities

Distribution of BBC public services: Ofcom’s requirements and guidance (PDF, 159.7 KB)

This document explains how we will consider specific competition concerns about the way the BBC distributes its public services, taking into account the need for the BBC to fulfil its Mission and Public Purposes.

Assessing the impact of proposed changes to the BBC’s public service activities: Ofcom’s procedures and guidance (PDF, 282.4 KB)

This document explains how we will assess whether the public value of a change proposed by the BBC to its public service activities justifies any adverse impacts on fair and effective competition.

Assessing the impact of the BBC’s public service activities: Ofcom’s procedures and guidance (PDF, 356.1 KB) (Updated on 10 October 2018 to correct cross-referencing error at paragraph 4.15.)

This document explains how we will assess whether an existing BBC public service activity is having a significant adverse impact on fair and effective competition. This includes an assessment of whether the public value of the service justifies any adverse impacts on fair and effective competition.

The Charter and Agreement place duties on Ofcom to consider the impacts of the BBC’s activities on fair and effective competition.

This section gathers together consultations, regulatory statements, news releases and other useful information relating to competition. It covers the period from September 2016 when the draft Charter and Agreement were published, until 3 April 2017 when the transfer of regulation became effective.

Regulating the BBC’s impact on competition (PDF, 139.2 KB)

This document provides a general overview to our approach to BBC competition regulation.

Statement: Regulating the BBC’s impact on competition: Statement on requirements and guidance. In this statement, we summarise the comments we received in response to the requirements and guidance we proposed in December 2016 setting out how we intended to regulate the BBC’s impact on competition. We set out our responses to those comments and explain the amendments we have made to the requirements and guidance as a result. This statement was published on 29 March 2017.

Statement: The BBC’s trading activities: Statement on Ofcom’s requirements and guidance. In this statement, we consider the requirements we proposed to place on the BBC to protect fair and effective competition in how it carries out its trading activities in the light of the responses to our consultation.

Statement: Procedures for enforcement of BBC competition requirements. We have consulted on the procedures we would expect to follow in our enforcement of these competition requirements, including how we would expect to handle complaints, carry out investigations and impose sanctions. We published our finalised procedures on 29 June 2017.

Letter from Kevin Bakhurst, Content Media Policy Group Director, Ofcom, to Fraser Steel, Head of Editorial Complaints, BBC (PDF, 462.6 KB)

Determinations by Ofcom in relation to BBC non-editorial complaints handling (PDF, 700.7 KB)

Ofcom review of proposed BBC Scotland television channel

This statement sets out our final decision to approve the launch of a new BBC television channel for audiences in Scotland.

Materiality Assessment of the BBC’s Proposed Change to the BBC iPlayer: summary (PDF, 302.6 KB)

The BBC has proposed a number of changes to the BBC iPlayer and provided its plans to Ofcom for consideration.

In order to protect fair and effective competition in the TV sector, Ofcom examines whether changes which the BBC wishes to make to its licence fee-funded TV, radio and online services are significant enough to merit detailed scrutiny.

Ofcom has decided the BBC’s proposed iPlayer changes are material, and the BBC should conduct a ‘public interest test’ to properly assess their value and potential impact on other broadcasters.

Following representations from the BBC - including on the confidentiality of any information in our decision - we have published our full decision, redacted for confidentiality, and final interim directions to the BBC.

Review of the BBC’s Materiality Assessment of proposed changes to the BBC iPlayer: full decision (non-confidential) (PDF, 1.0 MB)

BBC iPlayer Final Interim Directions (non-confidential) (PDF, 164.0 KB)

Consideration of a request from Wireless Group Media (GB) Limited for Ofcom to launch a BBC Competition Review
(PDF, 370.8 KB)

In September 2018, Wireless asked Ofcom to initiate a BBC Competition Review into how BBC Radio acquires sports rights. We have reviewed Wireless’ submission against our published guidance, which sets out the basis for launching such a review. We have decided it would not be appropriate to open a competition review at this time. We will continue to observe the sports radio sector and track the future acquisition of sports rights by BBC Radio and Wireless.