Communications Act 2003

[F172HSharing of burden of social tariff obligationsU.K.
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(1)This section applies where OFCOM—

(a)have concluded, on a review under section 72G, that complying in relation to any matter with social tariff conditions imposes a financial burden on a particular communications provider (“the social tariff provider”); and

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

(2)OFCOM must determine, in the case of the social tariff 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.

(3)If—

(a)OFCOM determine that it would be unfair for the social tariff 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 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)Subsections (4) to (9) of section 71 apply for the purposes of this section as if—

(a)references to the designated universal service provider were references to the social tariff provider;

(b)references to universal service conditions were references to social tariff conditions;

(c)the reference to an application for the purposes of subsection (3)(b) of that section were a reference to an application for the purposes of subsection (3)(b) of this section;

(d)references to contributions under subsection (3) of that section were references to contributions under subsection (3) of this section;

(e)references to regulations made under that section were references to regulations made under subsections (4) to (7) of that section as applied by this subsection.]

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