Part 6: Radio selection services Regulation of radio selection services Section 362BI Access to relevant internet radio services
Subsection (1) imposes a duty on the provider of a DRSS to take all reasonable steps to secure that listeners are able to use that service to select and listen to relevant internet radio services. In other words, providers of DRSS are required to ensure that BBC stations and UK commercial and community radio stations (as well as restricted services with a duration of at least 12 months) licensed by OFCOM that are provided over the internet, and have been included in the list maintained by OFCOM in accordance with section 362BG, can be found and listened to on request.
	The provider of a DRSS is required to take all reasonable steps to provide access to an IRS. For example, where a listener has made a request for an IRS that is not understood by the DRSS, the service should ask the listener to repeat or clarify the request or take other reasonable steps to enable it to comply with the request. However, a provider of a DRSS is not required to provide access where the listener has failed to take action (as might be required by an IRS) to enable access to the service (such as install a skill or app in the DRSS).
	The provider of a DRSS must cause the selected IRS to play. Subsection (2) provides that, before a requested radio station is played, the DRSS may play a brief identification of that station (and / or the service through which the station is being provided), as well as one or more advertisements (subject to the station’s agreement). Subsection (2) also provides that the selected service cannot be interrupted (for example, by inserting advertising into the internet service being played). See also subsection (5) below.
	Subsections (3) and (4) impose a duty on the provider of a DRSS to take all reasonable steps to secure that the service employs a particular method which supports the preference of the internet radio service. Where the internet radio service has expressed a preferred route through which their service should be delivered to listeners (which might be, for example, Global Player for stations operated by Global, or BBC Sounds for stations operated by the BBC; or, in the case of smaller stations, a third party aggregator such as TuneIn), the provider of the DRSS should ensure that this preference is complied with unless it would be unduly burdensome to do so.
	Subsection (5) recognises that a listener may have, for example, requested the DRSS to provide them with notifications (such as alarms or calls delivered by a connected audio device) that may interrupt the playing of the selected IRS, or may have a preference between alternative routes through which a station is capable of being delivered. Subsection (5) provides that the requirements set out in this section should not be taken to override the preferences as the way in which the DRSS operates.
	Subsection (6) sets out that a provider of a DRSS cannot impose a charge on a provider of a relevant internet radio service in complying with its duties to provide access to that service as set out in this section.