(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
(b) it appears to OFCOM that the taking of other steps in respect of the
contraventions is likely to prove ineffective for securing future
(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
(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
(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
(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
(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
92, OFCOM have determined for the purposes of section 93(2) or 94(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 56; or
(b) conditions set under section 57.
60 Numbering reorganisations
(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
(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-
(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.
61 General duty as to telephone numbering functions
(1) It shall be the duty of OFCOM, in the carrying out of their functions under
sections 54 to 60—
(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 54.
General conditions: must-carry obligations
62 Must-carry obligations
(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
(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
(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
(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
(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
(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 359 applies for construing this section as it applies for the purposes of
Universal service conditions
63 Obligations to be secured by universal service conditions
(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
(2) Those things are—
(a) electronic communications networks and electronic communications
(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
(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
(4) Before making or varying the universal service order, the Secretary of State
must consult OFCOM and such other persons as he considers appropriate.
64 Designation of universal service providers
(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
(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.
(a) OFCOM designate a person in accordance with regulations under this
(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
(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 400 applies to the power of OFCOM to make regulations under this
65 Subject-matter of universal service conditions
(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
(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
(a) the times at which information published in accordance with it is to be
(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
(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
66 Tariffs etc. for universal services
(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 63(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.