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Session 2002 - 03
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Communications Bill


Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    68

 

     (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

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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

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           (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).

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     (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.

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     (8)    In this section “tariff” includes a pricing structure.

 67    Directories and directory enquiry facilities

     (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

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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

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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

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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

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           (b)           references to a source of relevant information are references to a

communications provider or designated universal service provider

who provides relevant information.

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    69

 

 68    Review of compliance costs

     (1)    OFCOM may from time to time review the extent (if any) of the financial

burden for a particular designated universal service provider of complying in

relation to any matter with any one or more of the universal service conditions

applied to him.

5

     (2)    Where—

           (a)           regulations under section 64 require the financial burden of so

complying to be taken into account in determining whom to designate,

and

           (b)           the regulations provide for a particular method of calculating that

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burden to be used for the purposes of that determination,

            that must be the method of calculation applied on a review under this section.

     (3)    Where subsection (2) does not apply, the financial burden of so complying is to

be taken to be the amount calculated by OFCOM to be the net cost of

compliance after allowing for market benefits accruing to the designated

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universal service provider from—

           (a)           his designation; and

           (b)           the application to him of universal service conditions.

     (4)    After carrying out a review under this section OFCOM must either—

           (a)           cause the calculations made by them on the review to be audited by a

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person who appears to them to be independent of designated universal

service providers; or

           (b)           themselves carry out an audit of those calculations.

     (5)    OFCOM must ensure, in the case of every audit carried out under subsection

(4), that a report on the audit—

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           (a)           is prepared; and

           (b)           if not prepared by OFCOM, is provided to them.

     (6)    It shall be the duty of OFCOM, in the case of every review under this section,

to publish—

           (a)           their conclusions on the review; and

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           (b)           a summary of the report of the audit which was carried out as respects

the calculations made for the purposes of that review.

     (7)    The publication of anything under subsection (6) must be a publication in such

manner as OFCOM consider appropriate for bringing it to the attention of the

persons who, in their opinion, are likely to be affected by it.

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 69    Sharing of burden of universal service obligations

     (1)    This section applies where OFCOM—

           (a)           have concluded, on a review under section 68, that complying in

relation to any matter with universal service conditions imposes a

financial burden on a particular designated universal service provider;

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and

           (b)           have published that conclusion in accordance with that section.

     (2)    OFCOM must determine, in the case of the designated universal service

provider, whether they consider it would be unfair for that provider to bear, or

to continue to bear, the whole or any part of so much of the burden.

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Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    70

 

     (3)    If—

           (a)           OFCOM determine that it would be unfair for the designated universal

service provider to bear, or to continue to bear, the whole or a part of

the burden, and

           (b)           an application for a determination under this subsection is made to

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OFCOM by that provider,

            OFCOM may determine that contributions are to be made by communications

providers to whom general conditions are applicable for meeting that burden.

     (4)    The making of any of the following must be in accordance with regulations

made by OFCOM—

10

           (a)           a determination by OFCOM of the extent of the financial burden that

exists for the designated universal service provider of complying in

relation to any matter with universal service conditions;

           (b)           an application for the purposes of subsection (3)(b);

           (c)           a determination by OFCOM of whether it is or would be unfair for the

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designated universal service provider to bear, or to continue to bear,

the burden of complying in relation to any matter with universal

service conditions;

           (d)           a determination of the extent (if any) to which that is or would be

unfair.

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     (5)    The assessment, collection and distribution of contributions under subsection

(3) is not to be carried out except in accordance with a mechanism provided for

in a scheme contained in regulations made by OFCOM.

     (6)    It shall be the duty of OFCOM to exercise their power to make regulations

under this section in the manner which they consider will secure that the

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assessment, collection and distribution of contributions under subsection (3) is

carried out—

           (a)           in an objective and transparent manner;

           (b)           in a manner that does not involve, or tend to give rise to, any undue

discrimination against particular communications providers or

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particular designated universal service providers, or against a

particular description of them; and

           (c)           in a manner that avoids, or (if that is impracticable) at least minimises,

any distortion of competition or of customer demand.

     (7)    Regulations made by OFCOM under this section may provide for a scheme

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containing the provision mentioned in subsection (5), and for any fund set up

for the purposes of such a scheme, to be administered either—

           (a)           by OFCOM; or

           (b)           by such other person as may be specified in the regulations.

     (8)    A person other than OFCOM is not to be specified in regulations under this

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section as the administrator of such a scheme or fund unless he is a person who

OFCOM are satisfied is independent of both—

           (a)           the persons who are designated universal service providers; and

           (b)           communications providers to whom general conditions are applicable.

     (9)    Section 400 applies to the powers of OFCOM to make regulations under this

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section.

 

 

Communications Bill
Part 2 — Networks, services and the radio spectrum
Chapter 1 — Electronic communications networks and services

    71

 

 70    Report on sharing mechanism

     (1)    This section applies where regulations under section 69 provide for a scheme

for the assessment, collection and distribution of contributions under

subsection (3) of that section.

     (2)    OFCOM must prepare and publish a report setting out, in relation to the period

5

to which it applies—

           (a)           every determination by OFCOM that has had effect in relation to a time

in that period as a determination of the costs of providing anything

contained in the universal service order;

           (b)           the market benefits for each designated universal service provider that

10

have accrued to him during that period from his designation and from

the application to him of universal service conditions; and

           (c)           the contribution made under section 69(3) by every person who has

made a contribution during that period.

     (3)    The first report under this section must be prepared in relation to the period of

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twelve months beginning with the coming into force of the first regulations to

be made under section 69.

     (4)    Every subsequent report must be prepared in relation to the period of twelve

months beginning with the end of the period to which the previous report

applied.

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     (5)    Every report under this section—

           (a)           must be prepared as soon as practicable after the end of the period to

which it is to apply; and

           (b)           must be published as soon as practicable after its preparation is

complete.

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     (6)    OFCOM is not required under this section—

           (a)           to publish any matter that is confidential in accordance with subsection

(7) or (8); or

           (b)           to publish anything that it would not be reasonably practicable to

publish without disclosing such a matter.

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     (7)    A matter is confidential under this subsection if—

           (a)           it relates specifically to the affairs of a particular body; and

           (b)           publication of that matter would or might, in OFCOM’s opinion,

seriously and prejudicially affect the interests of that body.

     (8)    A matter is confidential under this subsection if—

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           (a)           it relates to the private affairs of an individual; and

           (b)           publication of that matter would or might, in OFCOM’s opinion,

seriously and prejudicially affect the interests of that individual.

     (9)    The publication of a report under this section must be a publication in such

manner as OFCOM consider appropriate for bringing it to the attention of the

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persons who, in their opinion, are affected by the matters to which it relates.

 

 

 
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