Where a vehicle or electrical/electronic system or ESA does not include an electronic oscillator with an operating frequency greater than 9 kHz, it shall be deemed to comply with paragraph 6.3.2 or 6.6.2 of Annex I and with Annexes V and VIII.
Section 43 of the Broadcasting Act 1990, which focuses, not on the establishment of the broadcaster, but exclusively on the place from which a programme is transmitted, the frequency used and other criteria, (50) is therefore contrary to Article 2(1) (and Article 3(2)) of the television directive.
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