Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Preliminary

Meaning of electronic communications networks and services
32
1
In this Act “electronic communications network” means—
a
a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and
b
such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—
i
apparatus comprised in the system;
ii
apparatus used for the switching or routing of the signals; ...
iii
software and stored data; and
iv
(except for the purposes of sections 125 to 127) other resources, including network elements which are not active.
2
In this Act “electronic communications service” means a service of any of the types specified in subsection (2A) provided by means of an electronic communications network, except so far as it is a content service.
2A
Those types of service are—
a
an internet access service;
b
a number-based interpersonal communications service; and
c
any other service consisting in, or having as its principal feature, the conveyance of signals, such as a transmission service used for machine-to-machine services or for broadcasting.
2B
In subsection (2A)(a) “internet access service” means a service that provides access to the internet and thereby connectivity to virtually all end points of the internet, irrespective of the network technology and terminal equipment used.
3
In this Act “associated facility” means a facility, element or service which is available for use, or has the potential to be used, in association with the use of an electronic communications network or electronic communications service (whether or not one provided by the person making the facility, element or service available) for the purpose of—
a
making the provision of that network or service possible;
b
making possible the provision of other services provided by means of that network or service; or
c
supporting the provision of such other services.
4
In this Act—
a
references to the provision of an electronic communications network include references to its establishment, maintenance or operation;
b
references, where one or more persons are employed or engaged to provide the network or service under the direction or control of another person, to the person by whom an electronic communications network or electronic communications service is provided are confined to references to that other person; and
c
references, where one or more persons are employed or engaged to make facilities available under the direction or control of another person, to the person by whom any associated facilities are made available are confined to references to that other person.
5
Paragraphs (a) and (b) of subsection (4) apply in relation to references in subsection (1) to the provision of a transmission system as they apply in relation to references in this Act to the provision of an electronic communications network.
6
The reference in subsection (1) to a transmission system includes a reference to a transmission system consisting of no more than a transmitter used for the conveyance of signals.
7
In subsection (2) “a content service” means so much of any service as consists in one or both of the following—
a
the provision of material with a view to its being comprised in signals conveyed by means of an electronic communications network;
b
the exercise of editorial control over the contents of signals conveyed by means of a such a network.
8
In this section references to the conveyance of signals include references to the transmission or routing of signals or of parts of signals and to the broadcasting of signals for general reception.
9
For the purposes of this section the cases in which software and stored data are to be taken as being used for a particular purpose include cases in which they—
a
have been installed or stored in order to be used for that purpose; and
b
are available to be so used.
10
In this section “signal” includes—
a
anything comprising speech, music, sounds, visual images or communications or data of any description; and
b
signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus.
S. 32 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))
S. 32 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)
S. 32(1)(b)(iv) and word inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 9(a)(ii) (with Sch. 3 para. 2)
S. 32(2)-(2B) substituted for s. 32(2) (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. 6
Word in s. 32(1)(b)(ii) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 9(a)(i) (with Sch. 3 para. 2)
S. 32(3) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 9(b) (with Sch. 3 para. 2)