Part 1: Public service television Programming quotas for public service television Section 12: Quotas: further provision about their fulfilment
As set out in more detail above, at present PSBs can only meet their quotas by way of programmes broadcast on their main linear television channel(s) (their ‘public service channels’). Programmes which have been broadcast before in substantially the same form (‘repeats’) are able to count towards some but not all of these quotas.
	Sections 8, 9, 14 and 17 (read with section 11) make provision for PSBs to be able to fulfil their independent, original and regional productions quotas by making audiovisual content available via any "qualifying audiovisual service" they provide (subject to certain conditions). This raises the potentially complex question of whether making substantially the same audiovisual content available multiple times should count towards these quotas.
	To address this, this section inserts a new section 278C into the Communications Act 2003. This new section requires the Secretary of State to make provision for the appropriate treatment of material which is made available by a public service broadcaster multiple times, whether on the same service (as with a traditional ‘repeat’) or across multiple services, and whether in the same year or different years.
	Except in relation to the independent productions quota, regulations made by the Secretary of State may, rather than making provision directly, instead require OFCOM to make provision (subsection (5)). Before making regulations, the Secretary of State must consult OFCOM (subsection (9)). Regulations made under this power are subject to the affirmative procedure (subsection (10)).