Part 2: Prominence on television selection services Designated internet programme services Section 362AA Designation of internet programme services
This new section gives OFCOM the power to designate an internet programme service (IPS) which will then benefit from prominence and availability requirements.
	A designated IPS includes an IPS provided by the BBC and, where OFCOM considers appropriate, an IPS provided by another public service broadcaster (or a person associated with that public service broadcaster) which meets the conditions set out in subsections (3) to (5). The eligibility conditions are designed to ensure that services which are designated, and therefore benefit from prominence, make, or if designated would be capable of making, a significant contribution to the remit of a public service broadcaster (or at least one of the remits of a licensed public service broadcaster - if they are the provider, or associated with the provider of more than one licensed public service broadcaster). A designated IPS is also required to ensure the public service remit content is readily discoverable and promoted within the service. Subsections (7) and (8) set out the particular factors that OFCOM must take into account when determining whether it is appropriate to designate an eligible IPS. Subsection (9) requires OFCOM to consult the provider of the IPS and such other persons as they consider appropriate before designating an IPS.
	For an IPS provided by persons associated with the BBC, subsection (5) sets out the designation criteria which it must fulfil in order to be designated by OFCOM. This includes making a significant contribution to the promotion of BBC’s public purposes, and that such content is readily discoverable and promoted within the IPS.
	Subsections (10) and (11) provide a general definition of an IPS as a service with the principal purpose of providing programmes delivered by the internet. This includes services which are entirely on-demand (whether one or more on-demand service) or only partially on-demand and contain other dissociable services such as livestreamed television programme services. For example, ITVX and BBC iPlayer provide access to a mix of both on-demand and livestream programming. It need not be the case that the provider of the IPS provides all the services included in it: an IPS can also ‘host’ third-party programme services, including paid-for content (notwithstanding that such content is not public service remit content).
	Subsection (12) provides definitions for "public service remit" and "public service remit content" in relation to this new section.