United Kingdom: Office of Communications closes consultation on guidance on agreement objectives

On 25 March 2026, the Office of Communications (Ofcom) closes the consultation on the draft guidance on agreement objectives. The guidance is addressed to providers of designated internet programme services (DIPS) and regulated television selection services (RTSS) and offers counsel regarding the fulfilment of Part 3A of the Communications Act 2003. Under Part 3A, DIPS and RTSS must mutually include one another in offered services (also known as 'must offer, must include' or MOMI arrangements). Additionally, MOMI arrangements must ensure that a DIPS is given appropriate prominence on an RTSS, MOMI arrangements do not inhibit a public service provider's ability to fulfil its obligations, and MOMI arrangements do not hinder an RTSS from making innovations to the means of selecting internet programme services. RTSS providers must also ensure accessibility of their platforms for persons with disabilities. The guidance establishes a general principle regarding payments between providers, suggesting that it is inconsistent with the Agreement Objectives to require payment for core terms reasonably necessary for the inclusion of DIPS or for achieving appropriate prominence. Additional terms such as those relating to non-public service remit (PSR) content, paid-for subscriptions, or dynamic advertising, remain subject to commercial negotiation and may involve payments. Ofcom clarifies its role in dispute resolution, stating it must resolve conflicts between providers within four months to meet the Agreement Objectives. The regulator possesses powers to fix contractual terms or require payments between parties if necessary. While the British Broadcasting Corporation (BBC) operates under separate distribution duties in the BBC Charter and Agreement, the Act requires the broadcaster to act consistently with comparable duties.