Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

Consultation for section 45 conditions
48A
1
This section applies where
OFCOM
propose to set, modify or revoke—
a
SMP
apparatus conditions; or
b
any other conditions set under section 45 where what is proposed would, in
OFCOM
’s opinion, have a significant impact on a market for any of the services, facilities, apparatus or directories in relation to which they have functions under this Chapter.
2
But this section does not apply where
...
in
OFCOM
’s opinion—
a
there are exceptional circumstances; and
b
there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.
2A
This section also does not apply to the proposed setting, modification or revocation of a social tariff condition.
3
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.
4
That period must end no less than
30 days
after the day of the publication of the notification.
5
But where
OFCOM
are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period
OFCOM
consider reasonable in those circumstances.
6
OFCOM
must—
a
consider every representation about the proposal made to them during the period specified in the notification; and
b
have 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.
7
...
OFCOM
may then give effect to
the proposal
, with any modifications that appear to
OFCOM
to be appropriate.
Words in s. 48A(2) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 48A(7) substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Word in s. 48A heading substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(4); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 48A(7) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
S. 48A(2A) 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. 13(2)
Ss. 48A-48C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 23 (with Sch. 3 paras. 2, 6)
Words in s. 48A(4) substituted (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. 13(3)