Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Conditions of entitlement to provide network or service etc.
46Persons to whom conditions may apply
(1)
A condition set under section 45 is not to be applied to a person except in accordance with the following provisions of this section.
(2)
A general condition may be applied generally—
(a)
to every person providing an electronic communications network or electronic communications service; or
(b)
to every person providing such a network or service of a particular description specified in the condition.
(3)
A universal service condition, access-related condition, privileged supplier condition or SMP condition may be applied to a particular person specified in the condition.
(4)
A privileged supplier condition may also be applied generally—
(a)
to every person to whom such a condition is required to apply under section 77; or
(b)
to every such person who is of a particular description specified in the condition.
(5)
The particular person to whom a universal service condition is applied—
(a)
except in the case of a condition relating to matters mentioned in subsection (3) of section 66, must be a communications provider designated in accordance with regulations under that section; and
(b)
in that excepted case, must be a communications provider so designated or a person who is not such a provider but who is so designated for the purposes only of conditions relating to those matters.
(6)
The particular person to whom an access-related condition is applied—
(a)
in the case of a condition falling within section 74(1), may be any person whatever; and
(b)
in any other case, must be a person who provides an electronic communications network or makes associated facilities available.
(7)
The particular person to whom an SMP services condition is applied must—
(a)
be a communications provider or a person who makes associated facilities available; and
(b)
fall within subsection (8).
(8)
A person falls within this subsection if—
(a)
he is a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications networks, electronic communications services or associated facilities (a “services market”); or
(b)
it appears to OFCOM that he is a person on whom it is necessary, for the purpose of securing compliance with an international obligation of the United Kingdom, to impose a condition containing provision that corresponds to provision which, in the case of a person falling within paragraph (a), must be made (or may be made) under any of sections 87 to F189A .
(9)
The particular person to whom an SMP apparatus condition is applied must be—
(a)
a person who supplies electronic communications apparatus; and
(b)
a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications apparatus (an “apparatus market”).