The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

Condition 38

DETERMINATION OF PROVIDER OF UNIVERSAL SERVICES

38.1  The Licensee may be determined to be a provider of universal services by the Director, whenever he thinks appropriate in accordance with the procedure set out in paragraph 6 of Part 1 of this Licence, for the purposes of complying with any or all of Conditions 40 to 42 below as specified by the Director. Such conditions shall be referred to in this Part as the “Specified Conditions”.

38.2  The Licensee shall comply with the Specified Conditions throughout or in any part of the area as specified by the Director within which the Licensee is authorised to run telecommunication systems under this Licence except to the extent that the Director is satisfied that any reasonable demand for any telecommunication services falling within the Specified Conditions is or is to be met by other means and that accordingly it would not be reasonable in the circumstances to require the Licensee to provide the services requested. Such specified area shall be referred to in this Part as the “Designated Area” and shall contain not less than 100,000 Served Premises.

38.3  In making a determination for the purposes of paragraph 38.1 above, the Director shall have regard to all the following factors:

(a) the relative size of the Licensee’s business including the extent, density and resilience of the Applicable Systems in the provision of telephone services in any area which is being considered by the Director for the purposes of paragraph 38.2, in which the Licensee is authorised to provide such services, compared with other providers of such services in that area;

(b) the relative capability of the Licensee to comply with any or all of Conditions 40 to 42 in the area referred to in sub-paragraph 38.3(a) above compared with other providers of telephone services in that area;

(c) the likely net cost to the Licensee of complying with any or all of Conditions 40 to 42;

(d) the financial stability of the Licensee; and

(e) the willingness of the Licensee to comply with any or all of Conditions 40 to 42.