The Electronic Communications (Universal Service) Regulations 2003

Notifications for conditions set on universal service providers

5.—(1) Following the publication of a notification under paragraph (3) of regulation 4, the Director may publish further notifications setting out conditions or, where the notification under paragraph (3) sets out proposals for setting conditions, further conditions that he is proposing to set on a person designated as a universal service provider in accordance with Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive.

(2) A further notification must set out—

(a) the conditions or further conditions that the Director is proposing to set on a person designated as a universal service provider in accordance with Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive;

(b) the effect of those conditions;

(c) the reasons for setting those conditions; and

(d) the period within which representations may be made to the Director about the proposals set out in his notification.

(3) The period specified for the purpose of paragraph (2)(d) must be one of not less than one month, beginning with the day after the day on which the notification is published.

(4) If he has considered every representation about the proposals set out in a notification published under this regulation that is made to him within the period specified in the notification the Director may, by publication of a further notification, set out the proposals with or without modification, as he intends that effect would be given to them upon the coming into force of any enactment (incuding an enactment contained in subordinate legislation) which implements the provision of the Universal Service Directive to which the proposals relate; and reference in this regulation to confirmation of a proposal is reference to publication of such a notification setting out a proposal.

(5) Where the Director has confirmed any proposal by the publication of a notification under paragraph (4) he may, by publication of a further notification, withdraw that proposal.

(6) The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director’s opinion, are likely to have an interest in, or be affected by, it.

(7) Any proposed conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive.