1.1 YouView enables viewers with compatible equipment and a broadband subscription to access, via the YouView user interface (the “YouView UI”), a broad range of content and services direct to their television set, including all digital terrestrial television (“DTT”, or Freeview) and radio channels, catch up or other on demand video and audio content, IP- Delivered Channels and Apps. Providers of the diverse range of content that can be made available via YouView are referred to as “Content Providers”. The YouView UI is designed to allow viewers to navigate seamlessly from linear content to on demand content.
1.2 This version of the YouView UI Policy (“Policy”) updates the consolidated UI and Search Policy published on 7 August 2013. The Policy sets out YouView’s approach to allocating positions and logical channel numbers (“LCNs”) to Content Providers in the YouView UI. It has been developed with reference to the principles set out in the Ofcom Code of Practice on Electronic Programme Guides (“Ofcom EPG Code”)1.
1.3 The Policy also explains at a high level how content may be searched for and accessed via the YouView UI, but does not contain detailed descriptions of UI design, navigation parameters, product features, technical specifications, contractual terms or on boarding and engagement processes. The full set of business and technical documentation will be available to Content Providers on application to YouView.
1.4 YouView does not have any responsibility for allocating LCNs for channels broadcast using DTT. Digital UK Limited (“Digital UK”)2 remains responsible for allocating LCNs to these channels and YouView will reproduce, in the “Guide” section of the YouView UI, the LCNs as they appear on the DTT platform.
1.5 YouView has responsibility for allocating (a) YouView UI positions to On Demand Portal Players and Apps, and (b) LCNs to IP Channels and On Demand Placeholder Channels. For the purpose of the Policy the term “listing” refers to those sections of the YouView UI which use a numbering (LCN) system and where an LCN is not used this is referred to as a “UI position”. UI positions are a means of ordering content services relative to one another. UI positions are not static and will alter dynamically from time to time based on various factors outlined in the Policy.
1.6 In devising its approach, YouView’s overriding aim is to ensure that positions in the listings, UI positions and search results are awarded on a fair, reasonable and non-discriminatory basis. YouView considers that this aim can be met by ensuring that:
a) content (whether in listings, UI positions or as may appear in search results) is presented in a way that viewers are likely to expect and is convenient to them; and
b) viewers are presented with several different routes to locating and accessing content, and have the flexibility to choose which route best suits their needs.
1.7 Together, the principles in the preceding paragraph are hereinafter referred to as the “governing principles”. The governing principles have informed YouView’s methodology for allocating LCNs and UI positions and presenting search results.
How YouView applies the governing principles
1.8 YouView considers that governing principle (a) — that is, meeting the needs of viewer expectation and convenience — is best fulfilled by:
a) first awarding appropriate prominence in LCNs to Public Service Channels and UI positions to Public Service Broadcasters (this is hereinafter known as the principle of “PSB prominence”); and then
b) awarding prominence in LCNs and UI positions by taking into account where consumers would expect to see particular services and having regard to which services have the greatest audience, determined on an objective basis and using recognised industry methodologies where available.
1.9 All LCNs and UI positions allocated by YouView will remain subject to review from time to time, as described in paragraph 9.1, in order to ensure that the YouView UI continues to meet the needs of viewer convenience and expectation.
1.10 In addition, the following general principles underpin the structure and ordering of content across the YouView UI.
Clear and logical
1.11 The YouView UI should be intuitive and easy to use for searching, browsing and finding content.
1.12 The viewer should have sufficient information and options to assess the breadth and diversity of content available via the YouView UI. Viewers should be able to locate and access content that interests them as quickly as possible.
1.13 Viewers should be presented with what they expect to see, where they expect to find it. This may require duplication of content within different views and/or genre categories.
1.14 Viewers should be presented with multiple options for browsing content services and assets. Different views (i.e. orderings and genre filtering of content) should provide different content wherever possible.
1.15 The ordering of search results (as opposed to LCNs or other UI positions) will focus on relevance to the viewer.
1.16 Content which is designated by the Content Provider as potentially harmful or offensive will be subject to security settings set by the user. This is in addition to any age verification controls that a Content Provider is required by law or regulation to provide.
Fair and open
1.17 The allocation of listing positions and UI positions and the configuration of search results will be undertaken without regard to whether the Content Provider is a YouView shareholder. Where a YouView shareholder who is also a Content Provider is awarded a listing or a UI position, the basis for such award will be objectively justifiable, having regard to the principles of fairness, reasonableness and non-discrimination on which all UI positions will be awarded. The ordering of search results will be objectively justifiable, having regard to the principles of fairness, reasonableness and non-discrimination.
1.18 In terms of the award of all positions and LCNs in the YouView UI and the ordering of search results, YouView will not unfairly discriminate against: (a) Content Providers on the basis of the size of their asset catalogue; or (b) providers of free or paid content.
2 Digital Multiplex Operators Limited (DMOL) merged with Digital UK Ltd on 1 January 2013. Digital UK Ltd has assumed all of DMOL’s previous responsibilities.
“Affiliate ISP”: an ISP that enters into YouView’s Affiliate ISP Agreement, which will be available on application to YouView.
“Apps”: internet delivered applications provided by a Content Provider that enters into YouView’s Application Provider Agreement, which will be available on application to YouView.
“IP Channel”: a linear scheduled channel delivered over IP and listed in the “Guide” section of the YouView UI using an LCN.
“IP-Delivered Channel”: all services listed in the “Guide” section of the YouView UI that are delivered over IP, in other words IP Channels and On Demand Placeholder Channels.
“On Demand Placeholder Channel” or “ODPC”: a channel delivered over IP consisting of a playlist of on demand content, which provides an access route through to an On Demand Portal Player.
“On Demand Portal Player”: a service which provides either audio visual or audio content on demand. In the context of audio visual content, an On Demand Portal Player is a service that: (a) predominantly contains programmes produced professionally for TV broadcast, cinema exhibition or similar, or which competes for the same audience as television broadcasts; and (b) is of a TV Quality Standard.
“Public Service Broadcaster”: a Content Provider which operates a Public Service Channel and an On Demand Portal Player.
“Public Service Channel”: a channel that qualifies for “appropriate prominence” under section 310(2) of the Communications Act 2003.
“Qualifying long form video views”: views of professionally produced content (which, for the avoidance of doubt, excludes clips and/or excerpts). This information will be used in determining the UI position allocated to the On Demand Portal Player in the YouView UI for the purposes of a review under paragraph 9.1. This information will be based on data from, or equivalent to, that which is provided by recognised services and tools such as BARB, UKOM Video Census or Omniture, or based on YouView’s internal usage reporting data. Where the service is made available to a defined user group, such as a particular region, then only views in that defined user group will be used in determining the UI position.
“TV Quality Standard”: Content delivered to a TV quality standard is that which, in terms of technical (as opposed to editorial) output, delivers a similar user experience to that of watching a standard definition channel on Freeview. Full requirements on Content Providers are set out in YouView’s Content Provider Agreement.
3 OVERVIEW OF THE YOUVIEW UI
3.1 The YouView UI is comprised of a top level main menu (the “Main Menu”) which features a carousel of menu items. The Main Menu includes the following tabs which may be updated from time to time:
a) “Search” — this area will provide viewers with the ability to search for content across the YouView Ul. The operation of the Search function is explained further below in paragraph 6.
b) “MyView” — contains a list of a viewer’s personal recordings, and a list of all scheduled recordings and reminders.
c) “Guide” — provides listings of linear content by channel for approximately the next 7 days, together with any available catch-up or on demand content for each linear channel for approximately the past 7 days. Linear content refers to all television and radio channels made available by DTT broadcast and IP-Delivered Channels.
d) “On Demand” — provides viewers with access to On Demand Portal Players and aggregated lists of on demand content displayed by YouView.
e) “ISP” – subject to paragraph 3.3 below this area provides information on the services provided by the viewer’s own ISP where that ISP is an Affiliate ISP.
f) “Settings” — this area displays actionable and “for customer information” settings that are held by YouView and the device manufacturer.
g) “Help” — this area provides access to help videos and local diagnostic tools.
h) “Apps” — when available, this area will give access to Apps which are not On Demand Portal Players.
3.2 The landing point of the Main Menu (that is, each time the YouView box is turned on or a viewer elects to return to the Main Menu screen) will always be “Guide”.
3.3 An ISP Main Menu item will be visible only where the viewer has connected their YouView device to a broadband subscription service provided by an Affiliate ISP. If the device is not connected to an Affiliate ISP’s service then the ISP Main Menu item will not be visible in the Main Menu. The ISP Main Menu item will bear the name and/or brand of the Affiliate ISP’s broadband service.
4 CONTENT TYPE CATEGORIES AND CONTENT GENRES FOR ON DEMAND CONTENT AND APPLICATIONS
4.1 In order to provide viewers with a high degree of flexibility when accessing and searching for content and Apps, categories and genres will be applied to content and services in the “On Demand” and “Apps” tabs of the YouView UI.
4.2 In respect of content and services in the “On Demand” tab of the YouView UI:
a) when a user selects the “On Demand” category from the YouView UI they will be taken to that section and will enter on a “Players” tab;
b) by scrolling “left” and “right” from the “Players” tab users may view content presented under a number other tabs, organised in a hierarchy of categories, genres and sub-genres where appropriate;
c) the classifications which make up this browsing hierarchy will be dynamic and will evolve over time based on: (i) the needs of viewer expectation and convenience; and (ii) the content available on YouView at a given point in time; and
d) within each of these categories and genres there will also be a number of ways in which the user can choose to order the content, for example “A-Z”, “Popularity” and “Latest”.
4.3. Content Providers are responsible for nominating appropriate genres for their content, and will be responsible for ensuring the accuracy of any such nomination.
5 ALLOCATION OF LCNS AND UI POSITIONS IN THE YOUVIEW UI
5.1 The areas of the YouView UI where content or services will be allocated a listing or UI position by YouView are the:
- a) “Guide”;
- b) “On Demand”; and
- c) “Apps”,
5.2 LCNs and UI positions will only be confirmed by YouView when the applicable service has been deemed by YouView as ready to launch (which will include meeting a TV Quality Standard).
5.3 With the exception of positions in the “Guide” section, Content Providers will be allocated a UI position in the YouView UI without reference to an LCN.
5.4 Once YouView has allocated any LCNs or UI positions, those LCNs and UI Positions will continue to belong to YouView and will remain subject to this Policy and the terms of the applicable YouView agreement.
5.5 The rate and speed at which YouView can launch new content services onto the YouView platform is influenced by operational and technical factors which will vary from time to time.
“Guide” (and “Mini-Guide”)
5.6 Channels in the Guide section of the YouView UI will be presented in a familiar grid-style Electronic Programme Guide (“EPG”). They may be delivered by DTT or be IP-Delivered Channels, and will be identified by an LCN3. Channels will also be presented in the “Mini-Guide”, the menu that appears over live TV when changing channel.
5.7 Channels delivered via DTT will be allocated an LCN by Digital UK and will appear in the YouView UI using the same LCNs as they appear on the DTT (Freeview) platform.
5.8 In order to maintain consistency of the YouView UI, to provide multiple navigation methods, and to satisfy the needs of viewer expectation and convenience, all IP-Delivered Channels will be allocated an LCN. YouView will be responsible for allocating LCNs for such services as set out at paragraphs 5.22 to 5.28 below.
5.9 Content within each on demand category will be presented in either a single or double carousel format and without reference to an LCN.
5.10 Where Content Providers and/or content items are displayed in the YouView UI in a carousel, YouView deems the most prominent position on that carousel to be that of the outermost left hand icon, followed by the icon immediately to the right, and so forth, based on independent consumer research.
5.11 Where Content Providers and/or content items are displayed in the YouView UI in more than one carousel, YouView deems all of the positions on the top carousel to be more prominent than lower carousels, based on independent consumer research. YouView further deems the most prominent position to be that of the outermost left hand icon in the top carousel, followed by the icon immediately to the right and so forth. This is regardless of how the user’s navigational cursor or highlighter enters this page e.g. even if the entry point is from the bottom centre of the page displayed. YouView deems the most prominent position in a second carousel to be the outermost left hand icon, followed by the icon immediately to the right and so forth, based on independent consumer research.
5.12 Where there are multiple pages of On-Demand content, subsequent pages may be made visible and on screen messaging or icons may invite the viewer to ‘scroll-through’ the available content.
Ordering of On Demand Portal Players
5.13 Within the “On Demand” section, On Demand Portal Players will be displayed on the “Players” page, in a double carousel. When all of the UI positions on a page are occupied, the page will be full and the ordering based on prominence will be as described in paragraph 5.11 above. When some of the UI positions on a page are unoccupied the layout may be altered such that Players are grouped on the left-hand side of that page.
5.14 UI positions are a means of ordering On Demand Portal Players relative to one another. UI positions are not static and once an On Demand Portal Player has been allocated a UI position this may alter dynamically from time to time based on:
a) paragraph 5.13 above;
b) paragraph 5.16 below;
c) availability of certain On Demand Portal Players in individual households (as described in paragraph 5.17);
d) any Content Provider vacating their UI position (as described in paragraph 8.5); and
e) any review (pursuant to paragraph 9).
5.15 When carrying out a review and reordering of On Demand Portal Players as described in paragraph 9.1, YouView will allocate a UI position in the YouView UI taking into account the following factors in order of priority:
a) Factor 1: PSB prominence: The principal on demand service of each Content Provider which operates a channel that qualifies for “appropriate prominence” under the Ofcom EPG Code will be listed first in the “On Demand” section, in the same order as the linear DTT EPG. This will be limited to one on demand service per Content Provider. Where a Content Provider operates multiple on demand services on YouView, it may select which service to nominate as its “principal” on demand service, provided that the nominated service contains content broadcast on public service channels; then
b) Factor 2: Expectation based on Affiliate ISP service: On Demand Portal Players operated by Affiliate ISPs who are also Content Providers and which are available only to that Affiliate ISP’s broadband subscribers will be given prominence within the defined user group of that Affiliate ISP’s broadband subscribers. Prominence will be limited to one On Demand Portal Player per Affiliate ISP which is also a Content Provider; then
c) Factor 3: Expectation based on existing TV on demand services: Prominence will be given to On Demand Portal Players operated by Content Providers for access on TV screens. These will be ranked by the number of qualifying long form video views to TV screens over a 6 month period prior to the review point (that precise period to be determined by YouView); then
d) Factor 4: Expectation based on existing web or IP on demand services: Prominence will be given to On Demand Portal Players operated by Content Providers for access on personal computers or otherwise by an IP connection to any device (e.g. via a web browser or other software). These will be ranked by the number of qualifying long form video views to devices over a 6 month period prior to the review point (that precise period to be determined by YouView).
5.16 Outside of a review under paragraph 9.1, YouView will allocate a UI position in the YouView UI on a first-come-first-served basis, with the exception that Factors 1 and 2 described in paragraph 5.15 will continue to apply.
5.17 Users will only be shown On Demand Portal Players which are available to them at that point in time. For instance: (i) where access to an On Demand Portal Player, or to content within that On Demand Portal Player, is restricted to users that subscribe to an associated broadband service, the On Demand Portal Player will not appear to those users who would have to switch broadband providers in order to access the On Demand Portal Player, or content within that On Demand Portal Player; or (ii) where an On Demand Portal Player is only available in a specific region, the On Demand Portal Player will not appear to users who are not within the correct region. In these cases, On Demand Portal Players in subsequent UI positions will move up in order to fill the gap which will be created.
5.18 For the avoidance of doubt, Content Providers are responsible for selecting and ordering content which is accessible within their own On Demand Portal Players.
Audio-only On Demand Portal Players
5.19 Audio-only On Demand Portal Players will be placed such that they always appear at the end of the UI positions.
Adult On Demand Portal Players
5.20 On Demand Portal Players providing content which is defined as “adult sex material” for the purposes of the Ofcom Broadcasting Code or which would fall within Rule 11 of the Authority for Television On Demand (“ATVOD”) Rules & Guidance will be listed in a separate “Adult” area within the YouView UI4.
These On Demand Portal Players will be allocated UI positions using the same methodology outlined in paragraph 5.16 above.
Allocation of LCN Block(s) for IP Channels
5.21 IP Channels will be placed in the range reserved by Digital UK for IP delivered services, from 400-499, and in the range immediately above this, from 500-599. The most prominent LCN within this range for the purposes of allocation will be 401.
Ordering of IP Channels
5.22 In allocating LCNs to IP Channels YouView believes that viewer expectation and convenience is best served by keeping channels of similar genre near each other, and by grouping channels belonging to the same “family” together where possible.
5.23 As a result, YouView has divided the reserved block of LCNs (400-600) into genre sections as follows:
5.24 As part of the on boarding process, YouView will consult with Content Providers to decide the genre block into which their channel should be allocated and the launch date.
5.25 If several channels from the same provider are allocated to the same genre block at the same time and are associated with each other as a channel “family”, for instance a suite of sport or film channels, then subject to LCN availability these channels will be kept together. Channels will be considered to be associated to each other where they are under common control or ownership and where there is common branding and/or significant cross- promotion between the channels.
5.26 When carrying out a review and reordering of listing positions for IP Channels as described in paragraph 9.1, YouView will allocate an LCN within the appropriate genre block, starting from the lowest LCN in the block (deemed by YouView to be the most prominent) and taking into account the following factors in order of priority:
a) Factor 1: PSB prominence: In accordance with the Ofcom EPG Code and Section 310 (4) of the Communications Act 2003, IP Channels that qualify for “appropriate prominence” will be listed first; then
b) Factor 2: Expectation based on existing TV services: Prominence will be given to IP Channels operated by Content Providers for access on TV screens. These will be ranked by the average monthly reach5 of the channel over a 6 month period prior to the review point (that precise period to be determined by YouView). If the channel in question is part of a designated channel family, then the channel in that family with the highest reach will be used for the purpose of allocating LCNs to the family as a whole; then
c) Factor 3: Expectation based on existing web or IP services: Prominence will be given to IP Channels operated by Content Providers for access on personal computers or otherwise by an IP connection to any device (e.g. via a web browser or other software). These will be ranked by the average monthly reach6 of the channel over a 6 month period prior to the review point (that precise period to be determined by YouView). If the channel in question is part of a designated channel family, then the channel in that family with the highest reach will be used for the purposes of allocating LCNs to the family as a whole.
Launch of new IP Channels
5.27 For new IP Channels, Factor 1 listed in paragraph 5.26 will continue to apply, such that if a channel that qualifies for prominence under Section 310 (4) of the Communication Act 2003 were to be launched on YouView via IP, other channels would be moved down in order to give it prominence. In this eventuality YouView would consult with affected channel providers in advance of any LCN change.
5.28 Where Factor 1 of paragraph 5.26 is not relevant, LCNs in the YouView “Guide” will be considered for allocation to new IP Channels on a first-come-first-served basis once YouView confirms that the relevant Content Provider has completed all relevant business, operational and technical pre-allocation requirements and having regard to certain objectively justifiable factors including, without limitation, the level of YouView resource required by that Content Provider to make its channel available on YouView. In the event that several channels launch at the same point in time, the provisions in paragraph 5.26 will apply.
On Demand Placeholder Channels
5.29 YouView will consult on the methodology for placing and ordering ODPCs in the YouView UI in a future consultation.
5.30 YouView will consult on the methodology for placing and ordering Apps in the YouView UI in a future consultation.
3 As noted in paragraph 1.4, YouView is responsible for allocating LCNs to IP Channels and On Demand Placeholder Channels only.
5 3 minute consecutive reach, aggregated across all delivery mechanisms, as reported by the Content Provider. Where possible this information should be reported using data from or equivalent to that which is provided by recognised industry services such as BARB or UKOM Video Census.
6 See footnote 3 above.
6 CHANNEL NAVIGATION
6.1 In addition to LCNs within the “Guide”, alternative navigation methods will be available to users. These will include Search and Filters.
Searching the YouView UI
6.2 Viewers will be able to search for on demand content assets and all programmes scheduled on linear channels in the “Guide” in the YouView UI. For the avoidance of doubt, search will not cover channel names.
6.3 Viewers may refine their search using filters for particular content categories such as “TV & Films”, “Radio” and “Music Videos”. These filters may be changed or added to from time to time.
Conducting a Search
6.4 A viewer can search by entering a free-text term or by selecting a search suggestion. Search suggestions will appear after the user has entered one character. In either case, search parameters include content titles, keywords and synopses.
6.5 When a viewer starts entering a search term, they will be provided with an indexed list of search suggestions based on content asset titles.
6.6 Search suggestion lists are ordered by relevance, which is determined by:
a) fit with the characters entered by the viewer; and then
b) popularity of the term when used as a search term by all other YouView viewers.
Ordering of Search Results
6.7 Search results are ordered by relevance. Relevance is determined by an algorithm which complies with paragraph 1.15 above and will utilise a combination of factors. In descending order of importance, these factors will be:
a) word match (within title, keywords and synopses);
b) popularity based on YouView audience viewing habits; and
c) how recently the asset has been made available on YouView.
6.8 The performance of the algorithm described in paragraph 6.7 will be reviewed regularly and the algorithm itself may be adjusted to ensure that it continues to deliver to the needs of viewer expectation and convenience.
6.9 Search results will provide only those content options which are available to the viewer i.e. search functionality will exclude from the scope of the search content which would require the primary user to switch broadband providers, and content which is no longer available (e.g. because it has expired).
6.10 Content that is designated by the Content Provider to be “adult sex material”, as defined in the Ofcom Broadcasting Code or which would fall within Rule 11 of the ATVOD Rules & Guidance, will not be included in search results.7
6.11 Where a search for a particular item of content yields the same result from different Content Providers, each Content Provider’s content offering will be included in the search results and they will be ordered based on relevance as per paragraph 6.6.
6.12 Users will be able to view the “Guide” and “Mini-guide” through filters8. These will operate at channel, not programme, level, and will apply to all channels whether delivered via DTT or IP. For the avoidance of doubt, when a filter is engaged, the eligible channels will appear next to the same LCNs and in the same order as in the full “Guide” view.
6.13 The available filters may include genres, such as but not limited to: “Adult, Text & dating”, “All”, “Children’s”, “Entertainment”, “Film”, “Lifestyle & Factual”, “Local & International”, “Music”, “News”, “Radio”, “Shopping & Travel” and “Sport”. The set of genres to be used may vary based on the channel line-up at any one point in time, and may vary from device to device depending on the channels available to that viewer (see paragraph 7.2).
6.14 In addition there will be filters not related to genre. This may include “HD”. Other filters such as “My Subscriptions” and “Favourites” may be introduced at a later date. Channels eligible for these filters will appear here as well as within the appropriate genre filter, for example BBC One HD may appear in both the “Entertainment” and “HD” filters.
6.15 When available, the “My Subscriptions” filter will show all channels contained within packages to which that viewer subscribes, whether those packages are offered by YouView Affiliate ISPs or otherwise.
6.16 As part of the on boarding process, YouView will consult with Content Providers to decide the filter(s) in which their channel should appear. Each channel will appear in only one genre filter and some channels may not appear in any filter apart from “All”.
6.17 The order in which filters appear will be decided by YouView, depending on the chosen UI design and based on viewer expectation and convenience.
7 See footnote 4 above
8 Note that filters will affect the channels that appear in both the “Guide” and the “Mini-Guide” but it will only be possible to set filters through the “Guide”.
7 CHANNEL AVAILABILITY
7.1 Users will only be shown IP Channels which could be available to them at that point in time and empty LCNs will be hidden so that gaps between the LCNs of available channels will be closed. For instance: (a) where access to an IP Channel is restricted to users that subscribe to an associated broadband service, the channel will not appear to those users who would have to switch broadband providers in order to access the channel; or (b) where an IP Channel is only available in a specific region, the channel will not appear to users who are not within the correct region.
7.2 If this process of hiding channels based on availability results in a filter in the Guide containing a small number of channels, then this filter will be automatically hidden. This will mean that some users will see fewer filters than others, depending on factors such as their broadband subscription.
7.3 The Guide will feature iconography to assist the viewer in understanding the availability of a channel, for example one icon may indicate whether the channel is delivered via IP or DTT and another may show whether a channel requires authorisation before viewing. When a user selects a channel requiring authorisation and/or payment, the Guide will display information concerning the user’s options for acquiring the channel. This information will be supplied and controlled by the Content Provider.
7.4 It is possible that the same IP Channel may be available through YouView from more than one provider. Although other scenarios are possible, YouView considers the most likely example to be where one channel is offered by both (a) the viewer’s ISP, and (b) the channel owner.
7.5 Where one channel is offered by multiple providers, YouView considers that viewer expectation and convenience will be best served by allocating only one LCN for the channel regardless of provider. As a result, when technically possible, YouView will put in place a solution to allow the viewer to select which provider they wish to use for a given channel. Information regarding the different options for the viewer will be presented in a fair, reasonable and non-discriminatory manner.
8 VACATING LISTING POSITIONS AND/OR UI POSITIONS
8.1 YouView has the right to withdraw a Content Provider’s entitlement to use a particular listing position and/or UI position which YouView has allocated (for the avoidance of doubt this excludes any LCNs allocated by Digital UK) in accordance with the provisions of this UI Policy and the YouView Content Provider Agreement, which include failing to launch a content service within the timeframe notified in accordance with that agreement, or where the Content Provider Agreement has been terminated. In these circumstances the UI position and/or listing position will be treated as having been vacated.
8.2 Subject to paragraph 8.3 below, a Content Provider will be deemed to have vacated their UI position and/or listing position if the nature and content of their existing contracted content offering changes in a substantive fashion such that the original service description is no longer applicable or appropriate. In this case the revised content service will be awarded the next available LCN or UI position (as applicable) on a first come first served basis.
8.3 To encourage Content Providers to list their On Demand Portal Players on YouView and to give them the freedom to evolve their commercial proposition to suit a new platform and audience, paragraph 8.2 above will not apply to Content Providers during the first year of their Content Provider Agreement provided that the change will not require the On Demand Portal Player to be moved into a different tab or area of the YouView UI (for example: out of the “Portals” tab or into the “Guide” section). This waiver will not apply to any subsequent years/extensions under such Content Provider Agreement.
8.4 YouView remains the owner of any UI position and/or listing position awarded to a Content Provider. When a Content Provider ceases to make available on YouView the service for which it has contracted with YouView, any UI position and/or listing position allocated to that service will revert to YouView.
8.5 Unless and until a review of UI positions is undertaken in accordance with paragraph 9 of this policy, all content services positioned or listed in the UI after the vacating service will be moved up so that the respective order of services and their relative positions, will be maintained.
8.6 For the avoidance of doubt, a Content Provider with multiple services listed in the YouView UI is not permitted to swap UI positions or listing positions as between its services. Furthermore, Content Providers are not permitted to swap, trade or sell UI positions and/or listing positions to another Content Provider or other third party.
9 REVIEW AND REORDERING OF LISTING POSITIONS AND UI POSITIONS
9.1 In order to ensure that the YouView UI continues to meet the needs of viewer convenience and expectation, as well as the needs of YouView’s Content Providers, YouView will review and reorder listing positions and UI positions regularly. With regard to the reorder of UI positions: (i) each relevant aspect of the YouView UI will be treated separately; and (ii) any reorder of such UI positions will take place no more than once per year. For the avoidance of doubt, ‘no more than once per year’ does not necessarily mean that a reorder will take place on an annual basis. When YouView undertakes such a review and reordering, YouView will give notice of its intention to conduct such a review and reordering and its reasons for doing so. Any such review and actions resulting from that review (including any reordering) will be conducted by YouView only in consultation with Content Providers, and the listing positions and UI positions awarded as a result of such review and reordering shall be awarded in accordance with the Policy and the Policy shall continue to apply in respect of any LCNs and UI positions awarded after any such review and reordering has been conducted.
10 REVIEW OF THE POLICY
10.1 The Policy may need to adapt over time to reflect the evolving and developing nature of YouView and, as such, this policy will be reviewed at regular intervals, with consultation where necessary and appropriate.