Communications Act 2003

Communications Act 2003

2003 CHAPTER 21

Commentary on Sections

Part 2: Networks, Services and the Radio Spectrum

Chapter 1: Electronic Communications Networks and Services

Section 32: Meaning of electronic communications networks and services

86. This section sets out the meanings of the three key concepts – ‘electronic communications network’, ‘electronic communications service’, and ‘associated facility’ - that are referred to throughout this Part.

87. This section implements Article 2(a), (c), (e) and (m) of the Framework Directive.

• *electronic communications network is defined in subsection (1) as a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy of signals of any description, and associated apparatus, software and stored data.  Examples of such networks include satellite networks, fixed networks (whether circuit- or packet-switched, and including the Internet) and mobile terrestrial networks and networks used for radio and television broadcasting, including cable TV networks.

• *electronic communications service is defined in subsection (2) as a service consisting, or having as its principal feature, the conveyance, by means of an electronic communications network, of signals except in so far as it is a content service.  Examples of such services include telecommunications services and transmission services in networks used for broadcasting.

• *associated  facility is defined in subsection (3) as a facility which is available for use in association with an electronic communications network or service in order to make the provision of that network or service (or other services) possible, or to support the provision of other services.  Examples of such facilities include conditional access systems and electronic programme guides.

• *content service is defined in subsection (7) as so much of a service as consists in (i) the provision of material with a view to it being comprised in signals conveyed over an electronic communications network, or (ii) the exercise of editorial control over the contents of signals conveyed by means of such a network.

• *a signal is defined in subsection (10) as including anything consisting of speech, music, sounds, visual images and communications or data of any description, and  signals serving for the impartation of anything or for actuating or controlling any apparatus.