Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Universal service conditions
I1I266Designation of universal service providers
1
OFCOM may by regulations make provision for the designation of the persons to whom universal service conditions are to be applicable.
2
Subject to subsection (3), those regulations are not to authorise the designation of a person other than a communications provider.
3
The regulations may provide for a person other than a communications provider to be designated for the purposes only of conditions relating to—
a
the supply of directories capable of being used in connection with the use of an electronic communications network or electronic communications service; and
b
the making available of directory enquiry facilities capable of being used for purposes connected with the use of such a network or service.
4
OFCOM may from time to time—
a
review the designations for the time being in force in accordance with regulations under this section; and
b
on such a review, consider what (if any) universal service conditions should continue to apply to each of the designated persons.
5
The procedure to be followed in the case of every such review must be the procedure provided for in regulations made by OFCOM.
6
Regulations made by OFCOM under this section must provide for a person’s designation as a person to whom universal service conditions are to be applicable to cease to have effect where, in any such case as may be described in the regulations, the universal service conditions applied to him are all revoked.
7
Regulations made by OFCOM under this section providing a procedure for the designation of persons, or for the conduct of a review under subsection (4), must not provide for any procedure other than one appearing to OFCOM—
a
to be efficient, objective and transparent; and
b
not to involve, or to tend to give rise to, any undue discrimination against any person or description of persons.
8
Where—
a
OFCOM designate a person in accordance with regulations under this section, or
b
a designation of a person in accordance with any such regulations ceases to have effect,
they must give a notification of that designation, or of that fact, to the European Commission.
9
A notification under this section must identify the person who has been designated, or the person whose designation has ceased to have effect.
F19A
In making any regulations under this section, OFCOM must have regard to any guidance that is contained in the universal service order.
10
Section 403 applies to the power of OFCOM to make regulations under this section.