Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

Domestic consultation for directions, approvals and consents
49A
1
This section applies where the responsible person is proposing to give, modify or withdraw a direction, approval or consent for the purposes of—
a
an
SMP
apparatus condition; or
b
any other condition 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 the proposal is of
EU
significance and 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.
3
The responsible person must publish a notification—
a
stating that there is a proposal to give, modify or withdraw the direction, approval or consent;
b
identifying the responsible person;
c
setting out the direction, approval or consent to which the proposal relates;
d
setting out the effect of the direction, approval or consent or of its proposed modification or withdrawal;
e
giving reasons for the making of the proposal; and
f
specifying the period within which representations may be made about the proposal to the responsible person.
4
That period must be one ending not less than one month after the day of the publication of the notification.
5
But where the responsible person is 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 that person considers reasonable in those circumstances.
6
The responsible person must—
a
consider every representation about the proposal made to that person 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
OFCOM
for the purposes of this paragraph by the Secretary of State.
7
Where the proposal is not of
EU
significance, the responsible person may then give effect to the proposal, with any modifications that appear to that person to be appropriate.
8
The publication of a notification under this section must be in such manner as appears to the responsible person to be appropriate for bringing the contents of the notification to the attention of such persons as that person considers appropriate.
Ss. 49A-49C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 25 (with Sch. 3 paras. 2, 7)