Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

Procedure for setting, modifying and revoking conditions
48
1
Subject to the following provisions of this Chapter—
a
the way in which conditions are to be set or modified under section 45 is by the publication of a notification setting out the conditions or modifications; and
b
the way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.
2
Before setting conditions under section 45, or modifying or revoking a condition so set, OFCOM must publish a notification—
a
stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;
b
setting out the effect of those conditions, modifications or revocations;
c
giving their reasons for making the proposal; and
d
specifying the period within which representations may be made to OFCOM about their proposal.
3
That period must end no less than one month after the day of the publication of the notification.
4
In the case of a notification under subsection (2) with respect to an SMP condition, the applicable requirements of sections 79 to 86 must also be complied with.
5
OFCOM may give effect, with or without modifications, to a proposal with respect to which they have published a notification under subsection (2) only if—
a
they have considered every representation about the proposal that is made to them within the period specified in the notification; and
b
they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
6
The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification—
a
in the case of a notification setting general conditions, to the attention of such persons as OFCOM consider appropriate; and
b
in any other case, to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the contents of the notification.
7
Nothing in the following provisions of this Chapter imposing a duty on OFCOM to set or modify a condition shall be taken as dispensing with any of the requirements of this section.
S. 48 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))