Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

Delivery of copies of notifications etc. in respect of directions, approvals and consents
49C
1
The responsible person must send to the Secretary of State—
a
a copy of every notification published under section 49A(3);
b
a copy of every direction, approval or consent given for the purposes of a condition set under section 45; and
c
a copy of every instrument modifying or withdrawing such a direction, approval or consent.
2
The responsible person must send to the European Commission—
a
a copy of every direction, approval or consent given for the purposes of a universal service condition, an access-related condition falling within section 73(2) or an
SMP
services condition; and
b
a copy of every instrument modifying or withdrawing such a direction, approval or consent.
3
The responsible person must send to
BEREC
—
a
a copy of every direction, approval or consent given for the purposes of a condition set under section 45 where the proposal to give the direction, approval or consent was a proposal of
EU
significance;
b
a copy of every instrument modifying or withdrawing a direction, approval or consent given for the purposes of a condition set under section 45 where the proposal to modify or withdraw the direction, approval or consent was a proposal of
EU
significance.
4
In a case in which the responsible person is a person other than
OFCOM
, the responsible person must send to
OFCOM
—
a
a copy of every notification published under section 49A(3);
b
a copy of every direction, approval or consent given for the purposes of a condition set under section 45;
c
a copy of every instrument modifying or withdrawing such a direction, approval or consent;
d
a copy of every proposal and statement to which section 49B(2) applies;
e
a copy of any comments about such a proposal made by the Commission,
BEREC
or any regulatory authority in any other member State;
f
a copy of every notification given to the responsible person by the Commission under
Article 33(1) of the EECC Directive
;
g
a copy of every recommendation made in respect of the proposal by the Commission under
Article 33(5)(a) of the EECC Directive
.
5
Where because of subsection (2) of section 49A, that section did not apply in relation to a proposal to give a direction, approval or consent for the purposes of a condition, or to modify or withdraw such a direction, approval or consent, the responsible person must send a copy of a statement setting out the reasons for the proposal and for the urgent need to act to—
a
the Commission;
b
BEREC
; and
c
the regulatory authorities in every other member State.
6
In a case in which the responsible person is a person other than
OFCOM
, references to
OFCOM
in section 395(4), (5) and (6A) are to be read as references to the responsible person in relation to copies of directions, approvals, consents, instruments and statements to which subsections (2), (3) and (5) of this section apply.
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)
Words in s. 49C(4)(f) 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. 18(a)
Words in s. 49C(4)(g) 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. 18(b)