Communications Act 2003 (c. 21)

Part 2 U.K. Networks, services and the radio spectrum

Chapter 1 U.K. Electronic communications networks and services

[F1 Social tariff conditions U.K.

Textual Amendments

F1 Ss. 72C-72I and cross-heading inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 29 (with reg. 6)

72D Social tariff conditions: procedure U.K.

(1) The Secretary of State may direct OFCOM—

(a) to review the affordability of qualifying services for individuals on low incomes or with special social needs, with a view to considering whether to recommend to the Secretary of State the setting of a social tariff condition; and

(b) to report to the Secretary of State on the results of the review.

(2) OFCOM may in their report recommend—

(a) the setting of a social tariff condition to be applied—

(i) generally to every person providing a public electronic communications service;

(ii) generally to every person providing a public electronic communications service of a particular description specified in the report; or

(iii) to a particular person (or particular persons) specified in the report; or

(b) the modification or revocation of a social tariff condition.

(3) OFCOM may recommend the application of a social tariff condition to a particular person (or particular persons) specified in their report only in exceptional circumstances, in particular where the application of a social tariff condition to all providers of public electronic communications services of a particular description would result in an excessive administrative or financial burden on those providers, on OFCOM or on any government department.

(4) The Secretary of State may give guidance to OFCOM as to the matters to which OFCOM are to have regard—

(a) in carrying out a review under subsection (1)(a); and

(b) in making a recommendation under subsection (2).

(5) OFCOM must not recommend the setting or modification of a social tariff condition unless they are satisfied that the condition or (as the case may be) the modification satisfies the test in section 47(2).

(6) Where section 72E does not apply to the recommendation because of subsection (2) of that section—

(a) the recommendation must relate to a social tariff condition that is to be temporary, or to a temporary modification or revocation;

(b) the recommendation must state the period for which it is proposed that the condition, or the modification or revocation, should have effect; and

(c) section 72E does not apply in relation to any recommendation by OFCOM in relation to the extension or making permanent of the temporary condition, modification or revocation.

(7) The Secretary of State may direct OFCOM to implement any recommendation made under subsection (2).

(8) The Secretary of State must publish—

(a) a direction given under subsection (1) or (7); and

(b) guidance given under subsection (4).

(9) OFCOM must publish any report made under subsection (1)(b).

(10) In this section “qualifying services” has the same meaning as in section 72C.]