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Communications Act 2003

Section 75: Conditional access systems and access to digital services

195.Subsection (1) provides that OFCOM must ensure, when setting an access-related condition of a technical or operational nature for providers with significant market power (SMP), that they take account of all relevant international standards (which are defined in section 151).

196.Subsection (2) provides that OFCOM are under a duty to ensure that access-related conditions are applied to every person who provides a conditional access system in relation to a protected programme service, and that such conditions comply with Part I of Annex I of the Access Directive.

  • *conditional access system is defined in subsection (3) as any arrangements by means of which access to a programme service requires either subscription or authorisation.

  • *protected programme service is defined in subsection (3) as a service which is encrypted such that the programmes on it can only be viewed or listened to in an intelligible form by the use of  a conditional access system.

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