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Wireless Telegraphy Act 2006, Section 9A is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) OFCOM may give a notice in writing under this section to a satellite uplinker in relation to a relevant regulated television service if OFCOM are satisfied that the service is provided—
(a)in contravention of a licence under Part 1 of the Broadcasting Act 1990 or Part 1 of the Broadcasting Act 1996; or
(b)otherwise than pursuant to such a licence.
(3) OFCOM may give a notice in writing under this section to a satellite uplinker in relation to an on-demand programme service [F3, or a non-UK on-demand programme service that is a Tier 1 service,] if OFCOM are satisfied that the service is provided [F4—
(a)]in contravention of a requirement of Part 4A of the Communications Act 2003[F5; or
(b)otherwise than pursuant to a notification under section 368BA of the Communications Act 2003.]
(4)Where a notice is given to a satellite uplinker under subsection (2)(a) or (3)[F6(a)] the notice must—
(a)name the service;
(b) specify the reasons why OFCOM consider that subsection (2)(a) or (3) [F6 (a) ] is satisfied; and
(c)specify—
(i)the date by which the satellite uplinker must cease the uplinking of the service; or
(ii)a period during which the satellite uplinker must suspend the uplinking of the service.
(5)Where a notice is given to a satellite uplinker under subsection (2)(b)[F7or (3)(b)] the notice must—
(a)name the service; and
(b)specify—
(i)the date by which the satellite uplinker must cease the uplinking of the service; or
(ii)a period during which the satellite uplinker must suspend the uplinking of the service.
(6)In this section—
“relevant regulated television service” has the same meaning as in section 13 of the Broadcasting Act 1990;
“on-demand programme service [F8, “non-UK on-demand programme service” and “Tier 1 service” each] has the same meaning as in the Communications Act 2003 (see [F9sections 368A, 368AA and 368HA] of that Act).]
Textual Amendments
F1S. 9A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 13(3)
F2S. 9A(1) omitted (31.12.2020) by virtue of The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 33 (with reg. 6) (as amended by S.I. 2020/1536, regs. 2, 5(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 9A(3) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 4(2); S.I. 2024/858, reg. 2(1)(z1)
F4Words in s. 9A(3) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(2)(a)
F5S. 9A(3)(b) and word inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(2)(b)
F6Words in s. 9A(4) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(3)
F7Words in s. 9A(5) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(4)
F8Words in s. 9A(6) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 4(3)(a); S.I. 2024/858, reg. 2(1)(z1)
F9Words in s. 9A(6) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 4(3)(b); S.I. 2024/858, reg. 2(1)(z1)
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