Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Access-related conditions

I174Specific types of access-related conditions

1

The conditions that may be set by virtue of section 73(2) include conditions which, for the purpose of securing end-to-end connectivity for the end-users of public electronic communications services provided by means of a series of electronic communications networks—

a

impose obligations on a person controlling network access to any of those networks; and

b

require the interconnection of the networks.

2

The conditions that may be set by virtue of section 73(2) also include such conditions imposing obligations on a person providing facilities for the use of application programme interfaces or electronic programme guides as OFCOM consider to be necessary for securing—

a

that persons are able to have access to such programme services provided in digital form as OFCOM may determine; and

b

that the facility for using those interfaces or guides is provided on terms which—

i

are fair and reasonable; and

ii

do not involve, or tend to give rise to, any undue discrimination against any person or description of persons.

3

In this section—

  • “application programme interface” means a facility for allowing software to make use, in connection with any of the matters mentioned in subsection (4), of facilities contained in other software;

  • “electronic programme guide” means a facility by means of which a person has access to any service which consists of—

    1. a

      the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services; and

    2. b

      a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide;

  • “end-to-end connectivity” means the facility—

    1. a

      for different end-users of the same public electronic communications service to be able to communicate with each other; and

    2. b

      for the end-users of different such services to be able, each using the service of which he is the end-user, to communicate with each other.

4

The matters mentioned in subsection (3), in the definition of “application programme interface”, are—

a

allowing a person to have access to programme services;

b

allowing a person, other than a communications provider or a person who makes associated facilities available, to make use of an electronic communications network by means of which a programme service is broadcast or otherwise transmitted;

c

allowing a person to become the end-user of a description of public electronic communications service.

5

This section is not to be construed as restricting the provision that may be made under section 73(2).