Wireless Telegraphy Act 2006

[F1 9A. Notice to satellite uplinkers U.K.

(1) This section applies where a relevant regulated television service or an on-demand programme service is provided by a person who is deemed to be under the jurisdiction of the United Kingdom for the purpose of the Audiovisual Media Services Directive by reason only of the person providing such a service by means of satellite uplink apparatus situated within the United Kingdom.

(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 if OFCOM are satisfied that the service is provided [F2 —

(a)] in contravention of a requirement of Part 4A of the Communications Act 2003[F3 ; 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)[F4 (a)] the notice must—

(a) name the service;

(b) specify the reasons why OFCOM consider that subsection (2)(a) or (3) [F4 (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)[F5 or (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” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).]

Textual Amendments

F1 S. 9A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 13(3)

F2 Words 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)

F3 S. 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)

F4 Words in s. 9A(4) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(3)

F5 Words in s. 9A(5) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 15(4)