http://www.legislation.gov.uk/ukpga/2003/21/section/39/2004-06-30Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2004-06-30 Part 2 Networks, services and the radio spectrumChapter 1Electronic communications networks and services<Emphasis>Administrative charges imposed on providers</Emphasis>Supplemental provision about fixing charges391OFCOM’s power to fix a charge under section 38—ais to be exercisable only by the publication or giving of such notification as they consider appropriate for bringing the charge to the attention of the persons who, in their opinion, are likely to be affected by it; andbincludes power, by setting it out in that notification, to fix the time at which the charge is to become due to OFCOM.2A charge fixed under section 38 for a charging year may be fixed in terms providing for a deduction from the charge on a proportionate basis to be made for a part of the year during which—athe network, service or facility in respect of which it is fixed is not provided or made available by the person otherwise liable to the charge;bthe universal service condition in respect of which it is fixed does not apply in that person’s case;cthe SMP apparatus condition in respect of which it is fixed does not apply in that person’s case; ordthe electronic communications code does not apply in that person’s case.3Such a charge may also be fixed (subject to subsection (4)) so that it is referable, in whole or in part—ato the provision or making available of a network, service or facility during a part of the year falling before the fixing of the charge;bto the application of a universal service condition to a person for a part of the year so falling;cto a person’s being a person to whom an SMP apparatus condition applies for a part of the year so falling; ordto the application of the electronic communications code in a person’s case during a part of the year so falling.4A charge may be fixed so as to be referable to a time before it is fixed to the extent only that both—athe imposition of the charge, andbthe amount of the charge,are required by, and consistent with, the statement of charging principles in force at the beginning of the charging year.5Before making or revising a statement of charging principles, OFCOM must consult such of the persons who, in OFCOM’s opinion, are likely to be affected by those principles as they think fit.6The way in which a statement of charging principles must be made or may be revised is by the publication of the statement or revised statement in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.7References in this section to a statement of charging principles are references to a statement by OFCOM of the principles that they are proposing to apply in fixing charges under section 38 for a charging year.8In this section “charging year” has the same meaning as in section 38.S. 39 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. 39 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)