The Advanced Television Services Regulations 1996

Transcontrol

10.—(1) It shall be the duty of any person operating a conditional access system on the market to ensure that such system has the necessary technical capability for cost-effective transcontrol at cable head-ends allowing the possibility for full control by cable television operators at local or regional level of the services using such conditional access system.

(2) For the purposes of the following provisions of this regulation–

(a) the duty referred to in paragraph (1) above is referred to as the primary duty;

(b) the duty to co-operate, provided for in paragraph (3) below is referred to as the supplemental duty;

(c) the person upon whom the primary duty is imposed by paragraph (1) above or would be so imposed in the circumstances referred to in paragraph (4) below is referred to as the offeror; and

(d) the person to whom the primary duty is owed as referred to in paragraph (7) below or would be so owed is referred to as the offeree.

(3) The offeror, subject to performance by the offeree of the operative condition, shall have the supplemental duty when requested so to do by the offeree to co-operate with him to ensure that the offeree is in a position to take reasonable advantage of the performance by the offeror of the primary duty.

(4) The circumstances in which the supplemental duty shall apply are that the offeror–

(a) is for the time being subject to the primary duty; or

(b) notwithstanding that the primary duty has not yet arisen, the offeror is in the process of designing a conditional access system or otherwise making preparations to operate such system on the market,

and the offeree has expressed an intention to transmit the digital television services of other broadcasters.

(5) Without prejudice to the generality of the supplemental duty, such duty includes the duty to disclose adequate and timely information concerning the conditional access system to the offeree as is reasonably sufficient in all the circumstances of the case to–

(a) enable the offeree to take reasonable advantage of the performance of the primary duty; and

(b) ensure that the offeree is not placed at a disadvantage when compared to other offerees or, where the offeror is a broadcaster, with the offeror himself.

(6) The operative condition is that the offeree has given the offeror an undertaking in writing that information supplied to the offeree pursuant to the supplemental duty shall be kept confidential and shall (together with all copies thereof) be returned to the offeror should the offeree no longer require that the primary duty be performed in relation to him.

(7) The duties referred to in paragraphs (1) and (3) above are duties owed to any person who may be affected by a contravention of them and without prejudice to any other cause of action which may arise therefrom any breach of such duty which causes that person to sustain loss or damage shall be actionable in tort or, in Scotland, delict at the suit or instance of that person.