Office of Public Sector Information
PART 2 continued CHAPTER 1 continued
(1) OFCOM may set conditions under this section that apply to persons other than communications providers and relate to—
(a) the allocation of telephone numbers to such persons;
(b) the transfer of allocations to and from such persons; and
(c) the use of telephone numbers by such persons.
(2) The conditions that may be set under this section include conditions imposing obligations corresponding to any of the obligations that may be imposed on communications providers by general conditions making provision for, or in connection with—
(a) the allocation of telephone numbers;
(b) the transfer of allocations; or
(c) the use of telephone numbers.
(3) Subsection (10) of section 45 applies to OFCOM’s power to set a condition under this section as it applies to their power to set a condition under that section.
(4) Sections 47 to 49 apply in relation to—
(a) the setting of conditions under this section and the modification and revocation of such conditions; and
(b) the giving, modification or withdrawal of any direction, approval or consent for the purposes of a condition under this section,
as they apply in the case of general conditions and in the case of directions, approvals and consents given for the purposes of general conditions.
(5) It shall be the duty of a person who—
(a) is not a communications provider, but
(b) applies for the allocation of a telephone number, or is allocated such a number,
to comply with any conditions set under this section.
(6) That duty shall be enforceable in civil proceedings by OFCOM—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
(c) for any other appropriate remedy or relief.
(7) Subsection (6) does not apply in the case of a person against whom the obligations contained in the condition in question are enforceable (by virtue of his having become a communications provider) as obligations imposed by general conditions.
(1) This section applies where numbering conditions for the time being have effect by reference to provisions, as they have effect from time to time, of—
(a) the National Telephone Numbering Plan; or
(b) another document published by OFCOM.
(2) OFCOM must not revise or otherwise modify the relevant provisions unless they are satisfied that the revision or modification is—
(a) objectively justifiable in relation to the matters to which it relates;
(b) not such as to discriminate unduly against particular persons or against a particular description of persons;
(c) proportionate to what the modification is intended to achieve; and
(d) in relation to what it is intended to achieve, transparent.
(3) Before revising or otherwise modifying the relevant provisions, OFCOM must publish a notification—
(a) stating that they are proposing to do so;
(b) specifying the Plan or other document that they are proposing to revise or modify;
(c) setting out the effect of their proposed revisions or modifications;
(d) giving their reasons for making the proposal; and
(e) specifying the period within which representations may be made to OFCOM about their proposal.
(4) That period must be one ending not less than one month after the day of the publication of the notification.
(5) OFCOM may give effect, with or without modifications, to a proposal with respect to which they have published a notification under subsection (3) only if—
(a) they have considered every representation about the proposal that is made to them within the period specified in the notification; and
(b) they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
(6) 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.
(7) In this section—
“numbering conditions” means—
general conditions the making of which is authorised by section 57 or 58;
conditions set under section 59;
“the relevant provisions”, in relation to the Plan or document, means the provisions of the Plan or document by reference to which (as they have effect from time to time) the numbering conditions in question have effect.
(1) Where OFCOM have allocated telephone numbers for the purposes of any numbering conditions, they may withdraw that allocation if, and only if, the case is one in which the withdrawal of an allocation is authorised by this section.
(2) The withdrawal of an allocation is authorised (subject to section 62) if—
(a) consent to the withdrawal is given by the person to whom the numbers are for the time being allocated;
(b) the withdrawal is made for the purposes of a transfer of the allocation required by numbering conditions;
(c) the withdrawal is made for the purposes of a numbering reorganisation applicable to a particular series of telephone numbers;
(d) the withdrawal is made in circumstances specified in the numbering conditions and for the purpose of securing that what appears to OFCOM to be the best and most efficient use is made of the numbers and other data that are appropriate for use as telephone numbers;
(e) the allocated numbers are numbers that have not been adopted during such period after their allocation as may be specified in the numbering conditions; or
(f) the allocated numbers are comprised in a series of numbers which have not to a significant extent been adopted or used during such period as may be so specified.
(3) The withdrawal of an allocation is also authorised where—
(a) there have been serious and repeated contraventions, by the person to whom the allocation is for the time being allocated, of the numbering conditions; and
(b) it appears to OFCOM that the taking of other steps in respect of the contraventions is likely to prove ineffective for securing future compliance.
(4) The withdrawal of an allocation is also authorised where—
(a) the person to whom the allocation is for the time being allocated is not a communications provider; and
(b) it appears to OFCOM that contraventions by that person of numbering conditions makes the withdrawal of the allocation appropriate.
(5) OFCOM’s power to set conditions specifying circumstances for the purposes of subsection (2)(d), and their power to withdraw an allocation in the specified circumstances, are each exercisable only in a manner that does not discriminate unduly—
(a) against particular communications providers;
(b) against particular users of the allocated numbers; or
(c) against a particular description of such providers or users;
and the purposes for which those powers may be exercised do not include the carrying out of a numbering reorganisation of the sort mentioned in subsection (2)(c).
(6) Where OFCOM are proposing to withdraw an allocation in exercise of the power conferred by virtue of subsection (2)(e) or (f), they must—
(a) give a notification of their proposal;
(b) consider any representations made to them about the proposal within the period of one month following the day on which the notification is given; and
(c) ensure that the withdrawal (if OFCOM decide to proceed with it after considering those representations) does not take effect until the end of the three months beginning with the end of the period mentioned in paragraph (b).
(7) A notification for the purposes of subsection (6) must be given in such manner as OFCOM consider appropriate for bringing it to the attention of—
(a) the person to whom the numbers to which the proposed withdrawal relates are for the time being allocated;
(b) every person appearing to OFCOM to be a person to whom communications are or may be transmitted using one of those numbers for identifying the destination or route;
(c) every person who uses one or more of those numbers for obtaining access to services or for communication; and
(d) every other person who, in OFCOM’s opinion, is likely to be affected by the proposal.
(8) For the purposes of this section there are repeated contraventions by a person of numbering conditions to the extent that—
(a) in the case of a previous notification given to that person under section 94, OFCOM have determined for the purposes of section 95(2) or 96(2) that a contravention of a numbering condition did occur; and
(b) in the period of twelve months following the day of the making of that determination, one or more further notifications have been given to that person in respect of contraventions of numbering conditions;
and for the purposes of this subsection it shall be immaterial whether the notifications related to the same contravention or to different contraventions of the same or different conditions.
(9) In this section “numbering conditions” means—
(a) general conditions the making of which is authorised by section 58; or
(b) conditions set under section 59.
(1) This section applies to the withdrawal of an allocation for the purposes of a numbering reorganisation that is applicable to a particular series of telephone numbers.
(2) The allocation is to be withdrawn only if the reorganisation, so far as it relates to numbers of any description, is not such as to discriminate unduly—
(a) against particular communications providers;
(b) against particular users of the allocated numbers; or
(c) against a particular description of such providers or users.
(3) The allocation must not be withdrawn if the reorganisation fails to provide for withdrawn allocations to be replaced by allocations of telephone numbers so nearly resembling the numbers to which the withdrawal relates as the purpose of the reorganisation allows.
(4) Where a replacement allocation is made for the purposes of the re-organisation—
(a) no payment is to be made to OFCOM in respect of the making of the replacement allocation; but
(b) subsection (5) is to apply.
(5) Where this subsection applies—
(a) a provision for the making of periodic payments in respect of the withdrawn allocation is to be treated, to the extent that OFCOM determine that it should, as a provision requiring the making of periodic payments in respect of the replacement allocation; and
(b) OFCOM may, if they think fit, make such repayments or adjustments of a provision for payment as appear to them to be appropriate in consequence of differences between—
(i) the numbers to which the withdrawn allocation relates; and
(ii) the numbers to which the replacement allocation relates.
(1) It shall be the duty of OFCOM, in the carrying out of their functions under sections 56 to 62—
(a) to secure that what appears to them to be the best use is made of the numbers that are appropriate for use as telephone numbers; and
(b) to encourage efficiency and innovation for that purpose.
(2) It shall also be the duty of OFCOM, in carrying out those functions, to secure that there is no undue discrimination by communications providers against other communications providers in relation to the adoption of telephone numbers for purposes connected with the use by one communications provider, or his customers, of an electronic communications network or electronic communications service provided by another.
(3) In this section “number” has the same meaning as in section 56.
(1) General conditions may include conditions making any provision that OFCOM consider appropriate for securing that particular services are broadcast or otherwise transmitted by means of the electronic communications networks described in the conditions.
(2) A general condition containing provision authorised by this section is not (subject to subsection (4)) to require a service to be broadcast or otherwise transmitted by means of an electronic communications network unless—
(a) the service is included in the list of must-carry services; and
(b) the effect of the requirement is confined to networks by means of which public electronic communications services are provided that are used by a significant number of end-users as their principal means of receiving television programmes.
(3) That list is as follows—
(a) any service of television programmes provided by the BBC so far as it is provided in digital form and is a service in relation to which OFCOM have functions;
(b) the Channel 3 services so far as provided in digital form;
(c) Channel 4 so far as provided in digital form;
(d) Channel 5 so far as provided in digital form;
(e) S4C Digital;
(f) the digital public teletext service.
(4) General conditions making provision authorised by this section in relation to a listed service must, to such extent as OFCOM consider appropriate (and subject to subsection (5))—
(a) apply the requirement to broadcast or otherwise transmit that service to every service which is an ancillary service by reference to the listed service; and
(b) provide for the listed service to be treated for the purposes of the conditions as constituting such other services comprised in or provided with that service as may be determined by OFCOM.
(5) General conditions making provision authorised by this section must also comply with all such restrictions (if any) as may be imposed by order made by the Secretary of State as to the maximum and minimum amounts, or proportions, of available capacity that are to be required by such conditions to be used in the case of a network for the broadcasting or other transmission of particular services, or descriptions of service.
(6) In making an order under subsection (5) the Secretary of State must have regard to—
(a) the objective of securing that services included in the list of must-carry services, and the other services to which conditions set in accordance with this section are likely to be applied by virtue of subsection (4), are available for reception by as many members of the public in the United Kingdom as practicable; and
(b) the need to secure that the amount of capacity available in the case of every network for making other services available is reasonable and, accordingly, that the burden of complying with conditions set in accordance with this section is proportionate to the public benefit to be secured by that objective.
(7) It shall be the duty of the Secretary of State from time to time to review—
(a) the list of must-carry services; and
(b) any requirements for the time being in force under this section with respect to the terms on which services must be broadcast or otherwise transmitted.
(8) Where the Secretary of State carries out such a review, he must consult the following about the matters under review—
(a) OFCOM; and
(b) such persons who, in his opinion, are likely to be affected by a modification of the list of must-carry services, or who represent any of those persons, as he thinks fit.
(9) If, on such a review, he considers it appropriate to do so, the Secretary of State may by order modify the list of must-carry services.
(10) In determining whether it is appropriate for the purposes of subsection (9) to add a service to the list of must-carry services or to remove it, the Secretary of State must have regard, in particular, to—
(a) the public benefit to be secured by the addition of the service to the list, or by its retention in the list;
(b) the extent to which the service (if it were not included in the list) would nevertheless be made available to an acceptable technical standard by means of the networks to which conditions set in accordance with this section apply;
(c) the capacity left available, after the requirements of those conditions have been complied with, for the broadcasting or other transmission of material by means of each of those networks; and
(d) the need to secure that the burden of complying with conditions so set is proportionate to the objective of securing that the services in the list of must-carry services, and the other services to which conditions set in accordance with this section are likely to applied by virtue of subsection (4), are available for reception by as many members of the public in the United Kingdom as practicable.
(11) The Secretary of State may also, if (whether on such a review or in any other circumstances) he considers it appropriate to do so, by order make provision imposing requirements as to what, as between—
(a) the person providing a must-carry service, and
(b) the person providing a network by means of which it is to be provided,
are to be the terms on which the service is to be broadcast or otherwise transmitted, in pursuance of general conditions set in accordance with this section, by means of that network.
(12) An order under subsection (11) may provide for the terms to be determined by OFCOM in accordance with the provisions of the order.
(13) Before making an order under subsection (5), and before making an order under subsection (11) in a case in which there has been no review under subsection (7), the Secretary of State must consult—
(a) OFCOM, and
(b) such persons who, in his opinion, are likely to be affected by the order, or who represent any of those persons, as he thinks fit.
(14) Section 362 applies for construing this section as it applies for the purposes of Part 3.
(1) The Secretary of State must by order (“the universal service order”) set out the extent to which the things falling within subsection (2) must, for the purpose of securing compliance with Community 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.
(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.
(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.
(10) Section 403 applies to the power of OFCOM to make regulations under this section.
(1) OFCOM may set any such universal service conditions as they consider appropriate for securing compliance with the obligations set out in the universal service order.
(2) Universal service conditions applied to a person must include a condition requiring him to publish information about his performance in complying with the universal service conditions that apply to him.
(3) A condition set in accordance with subsection (2) must contain provision which—
(a) requires information published in accordance with it to be updated from time to time and published again;
(b) requires information so published to satisfy the requirements that OFCOM consider appropriate for securing that it is adequate; and
(c) requires information so published to be framed by reference to the quality of service parameters, definitions and measurement methods for the time being set out in Annex III to the Universal Service Directive.
(4) A condition set in accordance with that subsection may impose requirements as to—
(a) the times at which information published in accordance with it is to be published; and
(b) the manner in which that information is to be published.
(5) Universal service conditions may impose an obligation on a person to whom they apply to do one or both of the following, if required to do so by OFCOM—
(a) to make facilities available for enabling information published in pursuance of a condition applied to that person under subsection (2) to be independently audited;
(b) to meet the costs of any independent auditing of that information that is required by OFCOM.
(6) The reference in subsection (5) to the independent auditing of information is a reference to its being audited by a qualified auditor—
(a) for accuracy; and
(b) for its usefulness in the making of comparisons with information published by other designated universal service providers.
(7) Universal service conditions may impose performance targets on designated universal service providers with respect to any of the matters in relation to which obligations may be imposed by such conditions.
(8) In setting a universal service condition, OFCOM must have regard to any guidance about matters relating to pricing that is contained in the universal service order.
(9) In this section “qualified auditor” means a person eligible, in accordance with Part 2 of the Companies Act 1989 (c. 40), for appointment as a company auditor.
(1) It shall be the duty of OFCOM—
(a) to keep under review universal service tariffs; and
(b) to monitor changes to those tariffs.
(2) Universal service conditions may require one or more of the following—
(a) the use of a common tariff, or of common tariffs, in relation to anything mentioned in section 65(2);
(b) the use, in such cases as may be specified or described in the conditions, of such special tariffs in relation to anything so mentioned as may be so specified or described;
(c) the fixing of tariffs used in accordance with the conditions by the use of such methods, and by reference to such methods of computing costs, as may be so specified or described.
(3) Universal service conditions must secure that the terms on which a person is provided with anything required by the universal service order do not require him—
(a) to pay for an unnecessary additional service; or
(b) to pay, in respect of anything required by the order, any amount that is attributable to the provision to him of such a service.
(4) The references in subsection (3), in relation to a person, to an unnecessary additional service are references to anything the provision of which—
(a) he has to accept by reason of his being provided, at his request, with something required by the order (“the requested service”); and
(b) is not necessary for the purpose of providing him with the requested service.
(5) It shall be the duty of OFCOM, in setting a universal service condition about universal service tariffs, to have regard to anything ascertained by them in the performance of their duty under subsection (1).
(6) References in this section to a universal service tariff are references to any of the tariffs used by designated universal service providers in relation to the things for the time being required by the universal service order.
(7) References in this section to providing a person with anything include references to making it available or supplying it to him.
(8) In this section “tariff” includes a pricing structure.
(1) This section applies where universal service conditions require a designated universal service provider—
(a) to supply a directory capable of being used in connection with the use of an electronic communications network or electronic communications service; or
(b) to make available directory enquiry facilities capable of being used for purposes connected with use of such a network or service.
(2) The universal service conditions applied to the provider must include the conditions that OFCOM consider appropriate for securing that the provider does not unduly discriminate against a source of relevant information—
(a) in the compiling of the directory or the answering of directory enquiries; or
(b) in the treatment in the directory, or for the purposes of the facilities, of any relevant information from that source.
(3) In this section—
(a) references to relevant information are references to information provided for inclusion in the directory or for use in the answering of directory enquiries; and
(b) references to a source of relevant information are references to a communications provider or designated universal service provider who provides relevant information.
Communications Act 2003