F1Part 3BRegulation of radio selection services

Regulation of radio selection services

362BIAccess to relevant internet radio services

(1)

The provider of a designated radio selection service must take all reasonable steps to secure that users of the service—

(a)

are able, within a reasonable period beginning with the inclusion of an internet radio service in the list under section 362BG—

(i)

to select that internet radio service, and

(ii)

to cause that service to play,

by giving spoken commands as described in section 362BA(1), and

(b)

are able to continue to do so while that internet radio service is included in the list.

(2)

The provider of a designated radio selection service must take all reasonable steps to secure that, where the service is used as described in subsection (1)—

(a)

no items are played before the selected service is caused to play, other than—

(i)

a brief identification of the selected service,

(ii)

if the service employs another service (or other services) provided by means of the internet to cause the selected service to play, a brief identification of that other service (or one of those other services), and

(iii)

if the provider of the selected service agrees, one or more advertisements, and

(b)

the playing of the selected service is not interrupted.

This subsection is subject to subsection (5).

(3)

Subsection (4) applies if the provider of a relevant internet radio service requests the provider of a designated radio selection service to secure that the service employs a particular method as regards that relevant internet radio service when complying with subsection (1) (for example, a method that involves the service employing another service provided by means of the internet to cause that relevant internet radio service to play).

(4)

Where this subsection applies, the provider of the designated radio selection service must take all reasonable steps to secure that, on an occasion when the service is being used as described in subsection (1) in relation to that relevant internet radio service, the service employs that method, subject to subsection (5).

(5)

Subsections (2) and (4) are not to be taken to require the provider of a designated radio selection service to override the preferences of a user of the service as to the way in which the service operates.

(6)

A provider of a designated radio selection service—

(a)

must not charge a provider of a relevant internet radio service for doing what that provider of a designated radio selection service is required to do by subsection (1), (2) or (4) in relation to that relevant internet radio service, and

(b)

must not enter into an agreement that provides for the payment by a provider of a relevant internet radio service of charges, which would breach, or are capable of breaching, the prohibition in paragraph (a).