Part 2 U.K.Regulation of radio spectrum

Chapter 1U.K.Wireless telegraphy licences

Licensing of wireless telegraphyU.K.

[F19A.Notice to satellite uplinkersU.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)[F5or (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