The Electronic Communications (Universal Service) (Broadband) Regulations 2018

Designation of universal service provider

3.—(1) OFCOM shall propose the designation of such persons as they consider appropriate as universal service providers.

(2) Proposals for designating any person as a universal service provider shall be by means of a notification published by OFCOM—

(a) stating that they are proposing to designate that person as a universal service provider;

(b) giving the reasons for making that proposal;

(c) inviting alternative proposals from any other person to be designated as a universal service provider instead of the person stated in the notification; and

(d) specifying the period within which representations about OFCOM’s proposal, including any alternative proposals, may be made.

(3) The period specified for the purpose of paragraph (2)(d) must be one of not less than one month, beginning with the day after the day on which the notification was published.

(4) The publication of a notification under this regulation must be in such manner as appears to OFCOM to be appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to have an interest in it, or be affected by it.

(5) Where following publication of a notification in accordance with paragraph (2), OFCOM receive, within the period specified for the purposes of paragraph (2)(d), an alternative proposal from a person to be designated as a universal service provider instead of the person state in the notice they shall—

(a) consider that alternative proposal; and

(b) determine whether or not, in their opinion, it would be appropriate to propose to designate that person as a universal service provider instead of the person stated in the notification.

(6) Where OFCOM determine, in accordance with paragraph (5)(b), that it would be appropriate to propose to designate another person as a universal service provider instead of the person stated in the notification, they must, before confirming that proposal, publish a notification in accordance with paragraph (2).

(7) If—

(a) OFCOM have considered every representation about the proposals set out in a notification published under paragraph (2) that is made to them within the period specified in the notification; and

(b) OFCOM have determined, in accordance with paragraph (5)(b), that it would not be appropriate to propose to designate another person as a universal service provider instead of the person stated in the notification,

OFCOM shall, by publication of a further notification, make the proposed designation, with or without modification.