Regulation 2 Tier 1 services: description of services

(1)

An on-demand programme service, or a non-UK on-demand programme service^f1, is a Tier 1 service^f2 if it falls within the description in paragraph (2).

(2)

The service has an average number of monthly United Kingdom users that exceeds 500,000.

(3)

But an on-demand programme service provided by the BBC is not a Tier 1 service^f3.

Annotations

Footnotes

f1: See sections 368A and 368AA of the Communication Act 2003 for the meaning of “on-demand programme service” and “non-UK on-demand programme service”. Section 368A was amended by S.I. 2019/224 and 2020/1062. Section 368AA was inserted by section 37 of the Media Act 2024.
f2: See section 368HA of the Communications Act 2003 for the meaning of “Tier 1 service”. Section 368HA was inserted by Schedule 5 to the Media Act 2024.
f3: The provision of a service by the BBC does not include its provision by a BBC company: see section 368R(6)(a) of the Communications Act 2003. Section 368R(6) was inserted by S.I. 2009/2979.