In subsection (2), for paragraphs (b) and (c) substitute—

“(b)

television licensable content services that meet the appropriate condition in subsection (4);

(c)

digital television programme services that—

(i)

can be accessed by means of a regulated electronic programme guide and are not exempt foreign services, or

(ii)

cannot be accessed by means of a regulated electronic programme guide but are provided by a person who is within the jurisdiction of the United Kingdom for the purposes of the European Convention on Transfrontier Television and included in broadcasts to which that Convention applies.”.

In subsection (3), for paragraph (b) substitute—

“(b)

digital additional television services that meet the appropriate condition in subsection (4);”.

After that subsection insert—

“(4)

For the purposes of subsections (2)(b) and (3)(b) “the appropriate condition” is—

(a)

if or to the extent that the service does not consist of an electronic programme guide, that—

(i)

the service can be accessed by means of a regulated electronic programme guide and is not an exempt foreign service, or

(ii)

the service cannot be accessed by means of a regulated electronic programme guide but is provided by a person who is within the jurisdiction of the United Kingdom for the purposes of the European Convention on Transfrontier Television and included in broadcasts to which that Convention applies;

(b)

if or to the extent that the service consists of an electronic programme guide, that the electronic programme guide is a regulated electronic programme guide.

(5)

In this section—

(a)

“electronic programme guide” has the meaning given by section 310(8),

(b)

“regulated electronic programme guide” has the meaning given by section 211A, and

(c)

“exempt foreign service” has the meaning given by section 211B.”.