Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

Power of OFCOM to set conditions
45
1
OFCOM shall have the power to set conditions under this section binding the persons to whom they are applied in accordance with section 46.
2
A condition set by OFCOM under this section must be either—
a
a general condition; or
b
a condition of one of the following descriptions—
i
a universal service condition;
ii
an access-related condition;
iii
a privileged supplier condition;
iv
a significant market power condition (an “SMP condition”).
3
A general condition is a condition which contains only provisions authorised or required by one or more of sections 51, 52, 57, 58 or 64.
4
A universal service condition is a condition which contains only provisions authorised or required by section 67.
5
An access-related condition is a condition which contains only provisions authorised by section 73.
6
A privileged supplier condition is a condition which contains only the provision required by section 77.
7
An SMP condition is either—
a
an SMP services condition; or
b
an SMP apparatus condition.
8
An SMP services condition is a condition which contains only provisions which—
a
are authorised or required by one or more of sections 87 to 92; or
b
in the case of a condition applying to a person falling within section 46(8)(b), correspond to provision authorised or required by one or more of sections 87 to 89.
9
An SMP apparatus condition is a condition containing only provisions authorised by section 93.
10
OFCOM’s power to set a condition under this section making provision authorised or required by this Chapter includes each of the following—
a
power to impose a requirement on the person or persons to whom the condition is applied to comply with such directions with respect to the matters to which the condition relates as may be given from time to time by OFCOM or by another person specified in the condition;
b
power to impose an obligation with respect to those matters that is framed by reference to, or is conditional upon, the giving of a consent or of an approval, or on the making of a recommendation, by OFCOM or by another person so specified;
c
power, for the purposes of provision made by virtue of either of the preceding paragraphs, to confer a discretion exercisable from time to time by OFCOM or by another person specified in the condition or determined in accordance with provision contained in it;
d
power (subject to section 51(3)) to set different conditions for different cases (including different conditions in relation to different parts of the United Kingdom); and
e
power to revoke or modify the conditions for the time being in force.
11
The directions that may be authorised by virtue of subsection (10) do not include directions withdrawing, suspending or restricting a person’s entitlement—
a
to provide, in whole or in part, any electronic communications network or electronic communications service; or
b
to make available, in whole or in part, any associated facilities.
S. 45 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. 45 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)