Section 75: Conditional access systems and access to digital services

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 2: Networks, services and the radio spectrum — Chapter 1: Electronic communications networks and services

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It shall be the duty of OFCOM to ensure—

that access-related conditions are applied to every person who provides a conditional access system in relation to a protected programme service; and
that those conditions make all such provision as is required by the provision contained ... in Part I of Annex 2 to the EECC Directive (conditions relating to access to digital programme services) as it had effect immediately before IP completion day.

For the purposes of subsection (2)(b), Part 1 of Annex 2 to the EECC Directive is to be read as if—

the reference to viewers and listeners in the Union were a reference to viewers and listeners in the United Kingdom;
the reference to member States were a reference to OFCOM;
the words "in accordance with Article 62" were omitted;
in point (a), the references to Union competition law were references to any provision relating to competition that is contained in or made under an enactment.

OFCOM may also apply access-related conditions to any person who provides a conditional access system in relation to services which are not protected programme services but appear to OFCOM to be complementary to protected programme services; and those conditions may contain any provision of the kind mentioned in subsection (2)(b).

In this section—

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.