Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Access-related conditions

Conditional access systems and access to digital services
75
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
It shall be the duty of OFCOM to ensure—
a
that access-related conditions are applied to every person who provides a conditional access system in relation to a protected programme service; and
b
that those conditions make all such provision as is required by the provision contained from time to time in Part I of Annex 2 to the EECC Directive (conditions relating to access to digital programme services).
2B
OFCOM may also apply access-related conditions to any person who provides a conditional access system in relation to services which are not protected programme services but appear to OFCOM to be complementary to protected programme services; and those conditions may contain any provision of the kind mentioned in subsection (2)(b).
3
In this section—
- “conditional access system” means any system, facility, arrangements or technical measure under or by means of which access to programme services requires—
  1. a subscription to the service or to a service that includes that service; or
  2. an authorisation to view it, or to listen to it, on a particular occasion;
- “protected programme service” means a programme service the programmes included in which cannot be viewed or listened to in an intelligible form except by the use of a conditional access system.
S. 75 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 75 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
S. 75(1) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 40 (with Sch. 3 para. 2)
S. 75(2B) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 33(3)
Words in s. 75(2)(b) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 33(2)