Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Social tariff conditions

Social tariff conditions: procedure
72D
1
The Secretary of State may direct OFCOM—
a
to review the affordability of qualifying services for individuals on low incomes or with special social needs, with a view to considering whether to recommend to the Secretary of State the setting of a social tariff condition; and
b
to report to the Secretary of State on the results of the review.
2
OFCOM may in their report recommend—
a
the setting of a social tariff condition to be applied—
i
generally to every person providing a public electronic communications service;
ii
generally to every person providing a public electronic communications service of a particular description specified in the report; or
iii
to a particular person (or particular persons) specified in the report; or
b
the modification or revocation of a social tariff condition.
3
OFCOM may recommend the application of a social tariff condition to a particular person (or particular persons) specified in their report only in exceptional circumstances, in particular where the application of a social tariff condition to all providers of public electronic communications services of a particular description would result in an excessive administrative or financial burden on those providers, on OFCOM or on any government department.
4
The Secretary of State may give guidance to OFCOM as to the matters to which OFCOM are to have regard—
a
in carrying out a review under subsection (1)(a); and
b
in making a recommendation under subsection (2).
5
OFCOM must not recommend the setting or modification of a social tariff condition unless they are satisfied that the condition or (as the case may be) the modification satisfies the test in section 47(2).
6
Where section 72E does not apply to the recommendation because of subsection (2) of that section—
a
the recommendation must relate to a social tariff condition that is to be temporary, or to a temporary modification or revocation;
b
the recommendation must state the period for which it is proposed that the condition, or the modification or revocation, should have effect; and
c
section 72E does not apply in relation to any recommendation by OFCOM in relation to the extension or making permanent of the temporary condition, modification or revocation.
7
The Secretary of State may direct OFCOM to implement any recommendation made under subsection (2).
8
The Secretary of State must publish—
a
a direction given under subsection (1) or (7); and
b
guidance given under subsection (4).
9
OFCOM must publish any report made under subsection (1)(b).
10
In this section
“qualifying services” has the same meaning as in section 72C.
Ss. 72C-72I and cross-heading inserted (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. 29 (with reg. 6)