46Persons to whom conditions may applyU.K.
(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.
[F1(5A)A social tariff condition may be applied—
(a)generally to every person providing a public electronic communications service;
(b)generally to every person providing such a service of a particular description specified in the condition; or
(c)to a particular person specified in the condition.]
(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;
[F2(aa)in the case of a condition falling within section 74(2A), must be—
(i)a person providing a public electronic communications network; or
(ii)the owner of a line or associated facility;
(ab)in the case of a condition falling within section 74A, must be a person who provides an electronic communications network; 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 [F389A] .
[F4(8A)A person whom OFCOM have previously determined to be a person having significant market power in a services market but whom OFCOM determine no longer to be a person having significant market power in that market is to be treated as continuing to fall within subsection (8) for so long as OFCOM consider necessary to ensure a sustainable transition for those benefitting from obligations imposed on that person as a result of the previous determination.]
(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”).
Textual Amendments
F1S. 46(5A) inserted (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. 11(2)
F2S. 46(6)(aa)(ab) substituted (21.12.2020) for word 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. 11(3)
F3Word in s. 46(8)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 20 (with Sch. 3 para. 2)
F4S. 46(8A) inserted (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. 11(4)
Commencement Information
I1S. 46 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))
I2S. 46 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)