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Communications Act 2003

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65Obligations to be secured by universal service conditionsE+W+S+N.I.
This section has no associated Explanatory Notes

(1)The Secretary of State must by order F1... set out the extent to which the things falling within subsection (2) must, for the purpose of securing compliance with [F2EU] obligations for the time being in force, be provided, made available or supplied throughout the United Kingdom.

(2)Those things are—

(a)electronic communications networks and electronic communications services;

(b)facilities capable of being made available as part of or in connection with an electronic communications service;

(c)particular methods of billing for electronic communications services or of accepting payment for them;

(d)directories capable of being used in connection with the use of an electronic communications network or electronic communications service; and

(e)directory enquiry facilities capable of being used for purposes connected with the use of such a network or service.

[F3(2A)The provision made under subsection (1) is referred to as “the universal service order”.

(2B)The universal service order may in particular say that broadband connections and services must be provided to any extent, but may not do so unless—

(a)it specifies the minimum download speed that must be provided by those connections and services, and

(b)the speed so specified is at least 10 megabits per second.

(2C)The universal service order may contain—

(a)guidance about matters relating to the speed or other characteristics of broadband connections or services that it says must be provided (as well as or, except in the case of the minimum download speed, instead of setting out any of those characteristics); and

(b)guidance about any other matters relating to those connections or services.]

(3)The universal service order may contain guidance about matters relating to the pricing of things that the order says must be provided, made available or supplied.

(4)Before making or varying the universal service order, the Secretary of State must consult OFCOM and such other persons as he considers appropriate.

[F4(5)Before making or varying the universal service order, the Secretary of State must take due account of the desirability of not favouring—

(a)one form of electronic communications network, electronic communications service or associated facility, or

(b)one means of providing or making available such a network, service or facility,

over another.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 65(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 1(3), 118(2)

Modifications etc. (not altering text)

Commencement Information

I1S. 65 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2S. 65 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)

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