Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

General conditions: subject-matter

Matters to which general conditions may relate
51
1
Subject to sections 52 to 64, the only conditions that may be set under section 45 as general conditions are conditions falling within one or more of the following paragraphs—
a
conditions making such provision as OFCOM consider appropriate for protecting the interests of the end-users of public electronic communications services;
b
conditions making such provision as OFCOM consider appropriate for securing service interoperability and for securing, or otherwise relating to, network access;
c
conditions making such provision as OFCOM consider appropriate for securing the proper and effective functioning of public electronic communications networks;
d
conditions for giving effect to determinations or regulations made under section 71;
e
conditions requiring ... the provision, availability and use, in the event of a disaster, of electronic communications networks, electronic communications services and associated facilities;
f
conditions making such provision as OFCOM consider appropriate for securing the protection of public health by the prevention or avoidance of the exposure of individuals to electro-magnetic fields created in connection with the operation of electronic communications networks;
g
conditions requiring compliance with relevant international standards.
2
The power under subsection (1)(a) to set conditions for protecting the interests of the end-users of public electronic communications services includes power to set conditions for that purpose which—
a
relate to the supply, provision or making available of goods, services or facilities in association with the provision of public electronic communications services; ...
b
give effect to EU obligations to provide protection for such end-users in relation to the supply, provision or making available of those goods, services or facilities.
c
specify requirements in relation to the provision of services to disabled end-users;
d
require the provision, free of charge, of specified information, or information of a specified kind, to end-users;
da
require a communications provider to pay compensation to an end-user on failing to meet a specified standard or obligation;
e
in order to prevent the degradation of service and the hindering or slowing down of traffic over networks, impose minimum requirements in relation to the quality of public electronic communications networks;
f
require a communications provider, in specified circumstances, to block access to telephone numbers or services in order to prevent fraud or misuse, and enable them to withhold fees payable to another communications provider in those circumstances;
g
impose a limit on the duration of a contract between an end-user and a communications provider; ...
h
ensure that conditions and procedures for the termination of a contract do not act as a disincentive to an end-user changing communications provider.
i
specify requirements in relation to arrangements that enable an end-user to change communications provider on request.
2A
Where
OFCOM
propose to set a general condition of a kind specified in subsection (2)(e), they must—
a
notify the European Commission and
BEREC
, and
b
take due account of comments and recommendations made by the Commission.
3
The power to set general conditions in relation to a description of electronic communications network or electronic communications service does not include power—
a
to set conditions that are made applicable according to the identity of the provider of a network or service; or
b
to set conditions that differ according to the identity of the provider of the networks or services to which they relate.
4
The power to set general conditions falling within subsection (1)(b) does not include power to set conditions containing provision which under—
a
section 73, or
b
any of sections 87 to 91 ,
must be or may be included, in a case in which it appears to OFCOM to be appropriate to do so, in an access-related condition or SMP condition.
5
The conditions falling within subsection (1)(c) include conditions making such provision as OFCOM consider appropriate for the purpose, in accordance with EU obligations, of preventing or restricting electro-magnetic interference—
a
with the provision of an electronic communications network or electronic communications service; or
b
with, or with the receipt of, anything conveyed or provided by means of such a network or service.
6
In this section “electro-magnetic interference” means interference by means of the emission or reflection of electro-magnetic energy in the course of, or in connection with, the provision any electronic communications network or electronic communications service.
7
In this section “disaster” includes any major incident having a significant effect on the general public; and for this purpose a major incident includes any incident of contamination involving radioactive substances or other toxic materials.
S. 51 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. 51 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)
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))
Words in s. 51(1)(e) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 27(a) (with Sch. 3 para. 2)
Word in s. 51(2)(a) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 27(b)(i) (with Sch. 3 para. 2)
S. 51(2)(c)-(h) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 27(b)(ii) (with Sch. 3 para. 2)
S. 51(2A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 27(c) (with Sch. 3 para. 2)
Word in s. 51(4)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 27(d) (with Sch. 3 para. 2)
Word in s. 51(2) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 2(2), 118(2)
S. 51(2)(i) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 2(3), 118(2)
S. 51(2)(da) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 3, 118(2)