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 or regulating 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; and
b
give effect to Community obligations to provide protection for such end-users in relation to the supply, provision or making available of those goods, services or facilities.
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 92,
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 Community 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.