Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Universal service conditions

Obligations to be secured by universal service conditions
65
1
The Secretary of State must by order ... set out the extent to which the things falling within subsection (2) must, for the purpose of securing compliance with EU obligations for the time being in force, be provided, made available or supplied throughout the United Kingdom.
2
Those things are—
a
electronic communications networks and electronic communications services;
b
facilities capable of being made available as part of or in connection with an electronic communications service;
c
particular methods of billing for electronic communications services or of accepting payment for them;
d
directories capable of being used in connection with the use of an electronic communications network or electronic communications service; and
e
directory enquiry facilities capable of being used for purposes connected with the use of such a network or service.
2A
The provision made under subsection (1) is referred to as “
the universal service order
”.
2B
The universal service order may in particular say that broadband connections and services must be provided to any extent, but may not do so unless—
a
it specifies the minimum download speed that must be provided by those connections and services, and
b
the speed so specified is at least 10 megabits per second.
2C
The universal service order may contain—
a
guidance about matters relating to the speed or other characteristics of broadband connections or services that it says must be provided (as well as or, except in the case of the minimum download speed, instead of setting out any of those characteristics); and
b
guidance about any other matters relating to those connections or services.
3
The universal service order may contain guidance about matters relating to the pricing of things that the order says must be provided, made available or supplied.
4
Before making or varying the universal service order, the Secretary of State must consult OFCOM and such other persons as he considers appropriate.
5
Before making or varying the universal service order, the Secretary of State must take due account of the desirability of not favouring—
a
one form of electronic communications network, electronic communications service or associated facility, or
b
one means of providing or making available such a network, service or facility,
over another.
S. 65 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. 65 excluded (11.12.2003) by The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), regs. 1, 35(2) (with regs. 4, 15(3), 28, 29)
S. 65 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))
S. 65(5) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 35 (with Sch. 3 para. 2)
S. 65(2A)-(2C) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 1(4), 118(2)
Words in s. 65(1) omitted (27.6.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 1(3), 118(2)