C2C1Part 3Television and Radio Services F4ETC

Annotations:
Amendments (Textual)
F4

Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications etc. (not altering text)

F2F1Chapter 4Regulatory provisions

Annotations:
Amendments (Textual)
F2

Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)

F1

Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)

F3Co-operation with other Member States F7and the European Commission

Annotations:
Amendments (Textual)
F3

S. 335A and cross-heading inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 7

335ACo-operation with other Member States F8and the European Commission

F9A1

OFCOM must take all necessary steps to provide such information and assistance to member States and to the European Commission as is required in order to comply with the Audiovisual Media Services Directive as it applies in relation to relevant broadcasters, in particular Articles 2, 3, 4 and 30a of the Directive.

1

Where OFCOM—

a

receive under Article F54 of the Audiovisual Media Services Directive a request from another member State relating to a relevant broadcaster, and

b

consider that the request is substantiated, they must ask the broadcaster to comply with the rule identified in that request.

2

In this section “relevant broadcaster” means—

a

the BBC;

b

C4C;

c

the Welsh Authority; or

d

the holder of—

i

a Channel 3 licence;

ii

a Channel 5 licence; or

iii

a licence to provide any relevant regulated television service within the meaning of section 13(1) of the Broadcasting Act 1990.

335BF6Maintenance of list of providers

1

OFCOM must establish and maintain an up to date list of persons providing—

a

a television programme service, or

b

a digital additional television service,

who are under the jurisdiction of the United Kingdom for the purposes of the Audiovisual Media Services Directive.

2

The list must indicate in respect of each person which of the criteria set out in paragraphs 2 to 5 of Article 2 of the Audiovisual Media Services Directive is the basis for the decision that they are under the jurisdiction of the United Kingdom.

3

OFCOM must notify the European Commission of the contents of the list and of any updates to it.

4

The regulatory regime for each service mentioned in subsection (1) must include the condition that the persons providing the service must notify OFCOM of any changes that may affect the determination of jurisdiction in accordance with paragraphs 2, 3 and 4 of Article 2 of the Audiovisual Media Services Directive.