Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Regulation of premium rate services

Procedure for setting, modifying and revoking premium rate services conditions
120A
1
The way in which conditions are to be set or modified under section 120 is by the publication of a notification setting out the conditions or modifications.
2
The way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.
3
Before setting such conditions, or modifying or revoking a condition so set,
OFCOM
must publish a notification—
a
stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;
b
setting out the effect of those conditions, modifications or revocations;
c
giving their reasons for making the proposal; and
d
specifying the period within which representations may be made to
OFCOM
about their proposal.
3
That period must end no less than one month after the day of the publication of the notification.
4
But where
OFCOM
are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period
OFCOM
consider reasonable in those circumstances.
5
OFCOM
may give effect to the proposal, with any modifications that appear to
OFCOM
to be appropriate, after—
a
considering every representation about the proposal made to them during the period specified in the notification; and
b
having regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
6
The publication of a notification under this section must be in such manner as appears to
OFCOM
to be appropriate for bringing the contents of the notification to the attention of the persons who, in
OFCOM
’s opinion, are likely to be affected by its contents.
7
OFCOM
must send a copy of every notification published under this section to the Secretary of State.
S. 120A inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 77 (with Sch. 3 paras. 2, 16)
Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2