Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Access-related conditions

75Conditional access systems and access to digital services

F1(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 F2... in Part I of F3Annex 2 to the EECC Directive (conditions relating to access to digital programme services) F4as it had effect immediately before IP completion day.

F5(2A)

For the purposes of subsection (2)(b), Part 1 of Annex 2 to the EECC Directive is to be read as if—

(a)

the reference to viewers and listeners in the Union were a reference to viewers and listeners in the United Kingdom;

(b)

the reference to member States were a reference to OFCOM;

(c)

the words “in accordance with Article 62” were omitted;

(d)

in point (a), the references to Union competition law were references to any provision relating to competition that is contained in or made under an enactment.

F6(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—

(a)

a subscription to the service or to a service that includes that service; or

(b)

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.