(1) In relation to conditional access to digital television and radio services broadcast to viewers and listeners in the State, irrespective of the means of transmission, the following conditions shall apply:

(a) an undertaking providing conditional access services, irrespective of the means of transmission, which provide access services to digital television and radio services and the access services upon which broadcasters depend to reach any group of potential viewers or listeners shall -

(i) offer to all broadcasters on a fair, reasonable and non-discriminatory basis, compatible with European Union competition law, technical services enabling the broadcasters' digitally-transmitted services to be received by viewers or listeners authorised by means of decoders administered by the service operators, and

(ii) keep separate financial accounts regarding his or her activity as a provider of such a service;