Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Social tariff conditions

Consultation by OFCOM on proposed recommendation
72E
1
This section applies where—
a
OFCOM propose to recommend the setting, modification or revocation of a social tariff condition; and
b
the implementation of the proposed recommendation would, in OFCOM’s opinion, have a significant impact on a market for any of the services, facilities, apparatus or directories in relation to which they have functions under this Chapter.
2
But this section does not apply where in OFCOM’s opinion—
a
there are exceptional circumstances; and
b
there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.
3
OFCOM must publish a notification—
a
stating that they are proposing to recommend the setting, modification or revocation of the social tariff condition specified in the notification;
b
setting out the effect of that condition, modification or revocation;
c
giving their reasons for proposing the recommendation; and
d
specifying the period within which representations may be made to OFCOM about their proposal.
4
That period must end no less than 30 days after the day of the publication of the notification.
5
But where OFCOM are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period OFCOM consider reasonable in those circumstances.
6
OFCOM must consider every representation about the proposal made to them during the period specified in the notification.
7
The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of such persons as OFCOM consider appropriate.
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)