Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

Test for setting or modifying conditions
47
1
OFCOM must not, in exercise or performance of any power or duty under this Chapter—
a
set a condition under section 45, or
b
modify such a condition,
unless they are satisfied that the condition or (as the case may be) the modification satisfies the test in subsection (2).
2
That test is that the condition or modification is—
a
objectively justifiable in relation to the networks, services, facilities, apparatus or directories to which it relates;
b
not such as to discriminate unduly against particular persons or against a particular description of persons;
c
proportionate to what the condition or modification is intended to achieve; and
d
in relation to what it is intended to achieve, transparent.
S. 47 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. 47 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)