a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and

is available for use in association with the use of an electronic communications network or electronic communications service (whether or not one provided by the person making the facility available); and

references to the provision of an electronic communications network include references to its establishment, maintenance or operation;

references, where one or more persons are employed or engaged to provide the network or service under the direction or control of another person, to the person by whom an electronic communications network or electronic communications service is provided are confined to references to that other person; and

references, where one or more persons are employed or engaged to make facilities available under the direction or control of another person, to the person by whom any associated facilities are made available are confined to references to that other person.

the provision of material with a view to its being comprised in signals conveyed by means of an electronic communications network;

the exercise of editorial control over the contents of signals conveyed by means of a such a network.

have been installed or stored in order to be used for that purpose; and

are available to be so used.

anything comprising speech, music, sounds, visual images or communications or data of any description; and

signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus.

provide a designated electronic communications network,

provide a designated electronic communications service, or

make available a designated associated facility,

providing or making available the notified network, service or facility with any significant differences, or

ceasing to provide it or to make it available,

be sent to OFCOM in such manner as OFCOM may require; and

contain all such information as OFCOM may require.

a declaration of the relevant proposal of the person giving the notification;

the time when it is intended that effect should be given to the relevant proposal;

particulars identifying the person giving the notification;

particulars identifying one or more persons with addresses in the United Kingdom who, for the purposes of matters relating to the notified network, service or facility, are authorised to accept service at an address in the United Kingdom on behalf of the person giving the notification;

particulars identifying one or more persons who may be contacted if there is an emergency that is caused by or affects the provision of the notified network, service or facility;

addresses and other particulars necessary for effecting service on or contacting each of the persons mentioned in paragraphs (c) to (e).

a declaration of his proposal to provide the network or service described in the notification or to make available the facility so described;

a declaration of his proposal to make the modifications that are so described of the network, service or facility specified in the notification; or

a declaration of his proposal to cease to provide the network or service so specified or to cease to make available the facility so specified.

that person is resident in a member State or has a place of business in a member State;

the notification contains a statement under subsection (8);

the notification sets out an address in a member State at which service will be accepted by the person who, in accordance with that statement, is authorised to accept it; and

OFCOM are satisfied that adequate arrangements exist for effecting service on that person at that address.

declares that the person authorised, for the purposes of matters relating to the notified network, service or facilities, to accept service on behalf of the person giving the notification is that person himself; or

identifies another person who is resident in a member State, or has a place of business in such State, as the person so authorised.

to accepting service of documents or process at that address; or

otherwise to receiving notifications at that address;

that person’s obligation under this section to give a notification before beginning to provide or make available that network, service or facility shall have effect as an obligation to give a notification within such period after the coming into force of the designation as may be specified in the notice in which the designation is contained; and

that notification is to be one stating that that person is already providing the network or service, or making the facility available (rather than that it is his intention to do so).

which is contained in the notification setting out the designation; and

treats a person as having given the notification required by that subsection.

making or withdrawing a designation for the purposes of section 33, or

imposing or modifying a requirement under subsection (4) of that section,

is to be made or imposed, or

may be withdrawn or modified,

sets out the determination made by OFCOM; and

specifies the period during which the person notified has an opportunity of doing the things specified in subsection (3).

making representations about the determination; and

providing OFCOM with the information which the notified person should have provided for the purposes of section 33 but has not.

by specifying a longer period in the notification; or

by subsequently, on one or more occasions, extending the specified period.

OFCOM have reasonable grounds for believing that the contravention is a repeated contravention;

they have determined that, in those circumstances, a shorter period would be appropriate; and

the shorter period has been specified in the notification.

may be given in respect of more than one contravention of section 33; and

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

the subsequent notification is in respect of so much of a period during which the contravention in question was continuing as falls after a period to which the earlier notification relates; or

the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.

a previous notification under this section has been given in respect of the same contravention or in respect of another contravention of section 33; and

the subsequent notification is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of section 36(2) or 37(2) that the contravention to which the previous notification related did occur.

a person (“the notified provider”) has been given a notification under section 35;

OFCOM have allowed the notified provider an opportunity of making representations about the notified determination; and

the period allowed for the making of the representations has expired.

that he has, in one or more of the respects notified, been in contravention of section 33; and

that he has not, during the period allowed under section 35, provided OFCOM with all the information which he should have provided to them to remedy the contravention.

must be notified to that person, together with the reasons for the decision, no later than a week after the day on which it is taken; and

must fix a reasonable period for the taking of the steps required by the notification.

for an injunction;

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

for any other appropriate remedy or relief.

a person (“the notified provider”) has been given a notification under section 35;

OFCOM have allowed the notified provider an opportunity of making representations about the matters notified; and

the period allowed for the making of the representations has expired.

has, in one or more of the respects notified, been in contravention of section 33; and

has not, during the period allowed under section 35, provided OFCOM with all the information which he should have provided to remedy the contravention.

appropriate; and

proportionate to the contravention in respect of which it is imposed.

any representations made to them by the notified provider; and

any steps taken by him towards complying with his obligations under section 33.

within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and

in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

must be paid to OFCOM; and

if not paid within the period fixed by them, is to be recoverable by them accordingly.

in respect of the network, service or facility provided or made available by him,

in respect of the application to him of a universal service condition relating to matters mentioned in section 66(3),

in respect of the application to him of an SMP apparatus condition, or

in respect of the application of the electronic communications code in his case,

providing an electronic communications network of a description which is, at that time, designated for the purposes of this section;

providing an electronic communications service of a description which is, at that time, so designated;

making available an associated facility of a description which is, at that time, so designated;

a person who without being a communications provider is designated in accordance with regulations under section 66;

a supplier of apparatus to whom an SMP apparatus condition applies; or

a person in whose case the electronic communications code applies by virtue of a direction given under section 106 otherwise than for the purposes of the provision by him of an electronic communications network of a designated description.

at the time the charge is fixed there is in force a statement by OFCOM of the principles that OFCOM are proposing to apply in fixing charges under this section for that year; and

the charge is fixed in accordance with those charging principles.

that, on a year by year basis, the aggregate amount of the charges payable to OFCOM are sufficient to meet, but does not exceed, the annual cost to OFCOM of carrying out the functions mentioned in subsection (5);

that the cost of carrying out those functions is met by the imposition of charges that are objectively justifiable and proportionate to the matters in respect of which they are imposed;

that the relationship between meeting the cost of carrying out those functions and the amounts of the charges is transparent;

that the charges fixed for persons who are liable to charges by reason only of being persons to whom SMP apparatus conditions apply are referable only to things done in, or in connection with, the setting, modification or enforcement of SMP apparatus conditions or the carrying out of the functions mentioned in subsection (6)(l); and

that the charges fixed for persons who are liable to charges by reason only of being persons falling within subsection (2)(f), are referable only to costs incurred in, or in connection with, the carrying out of the functions mentioned in subsection (6)(g) and (l).

the relevant Chapter 1 functions;

the carrying out for a Chapter 1 purpose of any research by OFCOM or the Consumer Panel into any of the matters mentioned in section 14(1)(c) to (f);

the publication under section 26 of any information or advice that it appears to OFCOM to be appropriate to make available to the persons mentioned in subsection (2)(a) to (c) of that section; and

OFCOM’s functions under sections 33 to 37 and 44;

the setting, modification and enforcement of conditions under section 45;

the supervision, as respects the requirements of sections 33 to 37 and of any such conditions, of communications providers and of persons who make associated facilities available;

the monitoring of compliance with those requirements and with any such conditions;

the functions conferred on OFCOM by or under section 55;

their functions under section 105;

their functions under sections 106 to 119;

their functions under sections 185 to 191;

securing international co-operation in relation to the regulation of electronic communications networks, electronic communications services and associated facilities;

securing the harmonisation and standardisation of the regulation of electronic communications networks, electronic communications services and associated facilities;

market analysis and any monitoring of the controls operating in the markets for electronic communications networks, electronic communications services and associated facilities;

OFCOM’s functions under this section and sections 39 to 43.

the regulation of the provision of electronic communications networks or electronic communications services;

the regulation of the making available of associated facilities;

the mechanisms in place for the handling, by communications providers and by persons making such facilities available, of complaints made to them by consumers in markets for such services or facilities;

the mechanisms in place for resolving disputes between such consumers and communications providers or persons who make such facilities available.

power to provide that the charges in that case are to be equal to the amounts produced by a computation made in the manner, and by reference to the factors, specified by them;

power to provide for different charges to be imposed in that case on different descriptions of persons; and

power to provide for particular descriptions of persons falling within subsection (2)(d) to (f) to be excluded from the liability to pay charges in that case.

the aggregate amounts of the administrative charges for that year that have been received by OFCOM;

the aggregate amount of the administrative charges for that year that remain outstanding and are likely to be paid or recovered; and

the cost to OFCOM of carrying out the functions mentioned in subsection (5).

the period beginning with the commencement of this section and ending with the next 31st March; or

any subsequent period of twelve months beginning with 1st April.

is to be exercisable only by the publication or giving of such notification as they consider appropriate for bringing the charge to the attention of the persons who, in their opinion, are likely to be affected by it; and

includes power, by setting it out in that notification, to fix the time at which the charge is to become due to OFCOM.

the network, service or facility in respect of which it is fixed is not provided or made available by the person otherwise liable to the charge;

the universal service condition in respect of which it is fixed does not apply in that person’s case;

the SMP apparatus condition in respect of which it is fixed does not apply in that person’s case; or

the electronic communications code does not apply in that person’s case.

to the provision or making available of a network, service or facility during a part of the year falling before the fixing of the charge;

to the application of a universal service condition to a person for a part of the year so falling;

to a person’s being a person to whom an SMP apparatus condition applies for a part of the year so falling; or

to the application of the electronic communications code in a person’s case during a part of the year so falling.

the imposition of the charge, and

the amount of the charge,

sets out the determination made by OFCOM; and

specifies the period during which the person notified has an opportunity of doing the things specified in subsection (4).

making representations about the notified determination; and

paying the unpaid charge or (as the case may be) the amount outstanding.

by specifying a longer period in the notification; or

by subsequently, on one or more occasions, extending the specified period.

OFCOM have reasonable grounds for believing that the contravention is a repeated contravention;

they have determined that, in those circumstances, a shorter period would be appropriate; and

the shorter period has been specified in the notification.

may be given in respect of contraventions of more than one requirement to pay an administrative charge; and

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

the subsequent notification is in respect of so much of a period during which that amount was outstanding as falls after a period to which the earlier notification relates; or

the earlier notification has been withdrawn without a penalty having been imposed in respect of the matters notified.

a previous notification under this section has been given in respect of the same contravention or in respect of another contravention of a requirement to pay an administrative charge; and

the subsequent notification is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of section 41(2) that the contravention to which the previous notification related did occur.

a person (“the notified charge payer”) has been given a notification under section 40;

OFCOM have allowed the notified charge payer an opportunity of making representations about the notified determination; and

the period allowed for the making of the representations has expired.

has, in one or more of the respects notified, been in contravention of a requirement to pay an administrative charge fixed under section 38; and

has not, during the period allowed under section 40, paid the whole of the notified amount outstanding.

appropriate; and

proportionate to the contravention in respect of which it is imposed.

any representations made to them by the notified charge payer; and

any steps taken by him towards paying the amounts that he was notified under section 40 were outstanding.

within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and

in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

must be paid to OFCOM; and

if not paid within the period fixed by them, is to be recoverable by them accordingly.

that he is or has been in serious and repeated contravention of requirements to pay administrative charges fixed under section 38 (whether in respect of the whole or a part of the charges);

that the contraventions are not contraventions relating only to charges in respect of the application to the contravening provider of SMP apparatus conditions;

that the bringing of proceedings for the recovery of the amounts outstanding has failed to secure complete compliance by the contravening provider with the requirements to pay the charges fixed in his case, or has no reasonable prospect of securing such compliance;

that an attempt, by the imposition of penalties under section 41, to secure such compliance has failed; and

that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions.

a direction that the entitlement of the contravening provider to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); or

a direction that that entitlement is restricted in the respects set out in the direction.

must specify the networks, services and facilities to which it relates; and

except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.

in providing for the effect of a suspension or restriction to be postponed may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and

in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening provider as appear to OFCOM to be appropriate for the purpose of protecting that provider’s customers.

by way of compensation for loss or damage suffered by the contravening provider’s customers as a result of the direction; or

in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.

notified the contravening provider of the proposed direction and of the conditions (if any) which they are proposing to impose by that direction;

provided him with an opportunity of making representations about the proposals and of proposing steps for remedying the situation; and

considered every representation and proposal made to them during the period allowed by them for the contravening provider to take advantage of that opportunity.

with effect from such time as they may direct;

subject to compliance with such requirements as they may specify; and

to such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine.

in the case of a previous notification given to that person under section 40, OFCOM have determined for the purposes of section 41(2) that such a contravention did occur; and

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 the same or different failures to pay administrative charges.

while his entitlement to do so is suspended by a direction under section 42; or

in contravention of a restriction contained in such a direction.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

a breach of the duty that causes that person to sustain loss or damage, and

every designation by them for the purposes of section 33 or 38;

every withdrawal by them of such a designation;

every notification given to them under section 33; and

every notification treated as given to them under that section by a transitional provision made under subsection (12) of that section.

the times at which the register is for the time being available for public inspection; and

the fees that must be paid for, or in connection with, an inspection of the register.

during such hours, and

on payment of such fees,

a general condition; or

an SMP services condition; or

an SMP apparatus condition.

are authorised or required by one or more of sections 87 to 92; or

in the case of a condition applying to a person falling within section 46(8)(b), correspond to provision authorised or required by one or more of sections 87 to 89.

power to impose a requirement on the person or persons to whom the condition is applied to comply with such directions with respect to the matters to which the condition relates as may be given from time to time by OFCOM or by another person specified in the condition;

power to impose an obligation with respect to those matters that is framed by reference to, or is conditional upon, the giving of a consent or of an approval, or on the making of a recommendation, by OFCOM or by another person so specified;

power, for the purposes of provision made by virtue of either of the preceding paragraphs, to confer a discretion exercisable from time to time by OFCOM or by another person specified in the condition or determined in accordance with provision contained in it;

power (subject to section 51(3)) to set different conditions for different cases (including different conditions in relation to different parts of the United Kingdom); and

power to revoke or modify the conditions for the time being in force.

to provide, in whole or in part, any electronic communications network or electronic communications service; or

to make available, in whole or in part, any associated facilities.

to every person providing an electronic communications network or electronic communications service; or

to every person providing such a network or service of a particular description specified in the condition.

to every person to whom such a condition is required to apply under section 77; or

to every such person who is of a particular description specified in the condition.

except in the case of a condition relating to matters mentioned in subsection (3) of section 66, must be a communications provider designated in accordance with regulations under that section; and

in that excepted case, must be a communications provider so designated or a person who is not such a provider but who is so designated for the purposes only of conditions relating to those matters.

in the case of a condition falling within section 74(1), may be any person whatever; and

in any other case, must be a person who provides an electronic communications network or makes associated facilities available.

be a communications provider or a person who makes associated facilities available; and

fall within subsection (8).

he is a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications networks, electronic communications services or associated facilities (a “services market”); or

it appears to OFCOM that he is a person on whom it is necessary, for the purpose of securing compliance with an international obligation of the United Kingdom, to impose a condition containing provision that corresponds to provision which, in the case of a person falling within paragraph (a), must be made (or may be made) under any of sections 87 to 89.

a person who supplies electronic communications apparatus; and

a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications apparatus (an “apparatus market”).

set a condition under section 45, or

modify such a condition,

objectively justifiable in relation to the networks, services, facilities, apparatus or directories to which it relates;

not such as to discriminate unduly against particular persons or against a particular description of persons;

proportionate to what the condition or modification is intended to achieve; and

in relation to what it is intended to achieve, transparent.

the way in which conditions are to be set or modified under section 45 is by the publication of a notification setting out the conditions or modifications; and

the way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.

stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;

setting out the effect of those conditions, modifications or revocations;

giving their reasons for making the proposal; and

specifying the period within which representations may be made to OFCOM about their proposal.

they have considered every representation about the proposal that is made to them within the period specified in the notification; and

they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.

in the case of a notification setting general conditions, to the attention of such persons as OFCOM consider appropriate; and

in any other case, to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the contents of the notification.

a condition set under section 45 has effect by reference to directions, approvals or consents given by a person (whether OFCOM themselves or another); and

that person is proposing to give a direction, approval or consent that affects the operation of that condition or to modify or withdraw a direction, approval or consent so as to affect the condition’s operation.

objectively justifiable in relation to the networks, services, facilities, apparatus or directories to which it relates;

not such as to discriminate unduly against particular persons or against a particular description of persons;

proportionate to what it is intended to achieve; and

in relation to what it is intended to achieve, transparent.

stating that there is a proposal to give, modify or withdraw it;

identifying the person whose proposal it is;

setting out the direction, approval or consent to which the proposal relates;

setting out the effect of the direction, approval or consent or of its proposed modification or withdrawal;

giving reasons for the making of the proposal; and

specifying the period within which representations may be made about the proposal to the person whose proposal it is.

the person giving the notification is satisfied that there are exceptional circumstances justifying the use of a shorter period, and

the notification is not one that is required to be sent to the European Commission under section 50(4) or (5),

a person other than OFCOM are proposing to give, modify or withdraw a direction, approval or consent, and

the condition for the purposes of which the direction, approval or consent has effect, or will have effect, provides for notifications of proposals for the purposes of that condition to be given by that person,

he has considered every representation about the proposal that is made to him within the period specified in the notification; and

he has had regard to every international obligation of the United Kingdom (if any) which has been notified to OFCOM for the purposes of this paragraph by the Secretary of State.

a copy of every notification published under section 48(1) or (2);

a copy of every notification published under section 49(4);

a copy of every direction, approval or consent given for the purpose of giving effect to a proposal required to be published under section 49(4); and

a copy of every instrument modifying or withdrawing a direction, approval or consent for the purpose of giving effect to such a proposal.

a copy of every notification published under section 48(1) with respect to an SMP services condition;

a copy of every direction, approval or consent given for the purposes of such a condition; and

a copy of every instrument modifying or withdrawing such a direction, approval or consent.

relates to the setting, modification or revocation of an access-related condition falling within section 73(2) or (4) or of an SMP services condition; and

is a proposal which, in OFCOM’s opinion, would affect trade between member States.

is a proposal which, in OFCOM’s opinion, would affect trade between member States.

that person must refer to OFCOM the question whether, in their opinion, the proposal would affect trade between member States;

OFCOM must immediately determine that question on that reference; and

the relevant person must send a copy of the notification to the European Commission and to the regulatory authorities of every other member State if OFCOM determine that the proposal is one which, in their opinion, would affect trade between member States.

every notification published under section 48(1) or (2) or 49(4),

every direction, approval or consent given for the purposes of a condition set under section 45, and

every instrument modifying or withdrawing such a direction, approval or consent,

the notification or the notified proposal relates to an SMP apparatus condition, or to a direction, approval or consent for the purposes of such a condition; or

the direction, approval or consent given, modified or withdrawn is for the purposes of such a condition.

except in a case falling within paragraph (b), means the person by whom it is published or (as the case may be) the person by whom it has been or is to be given, modified or withdrawn; and

in the case of a direction, approval or consent given, modified or withdrawn by a person other than OFCOM for the purpose of giving effect to a proposal published by OFCOM under section 49(4), means OFCOM.

conditions making such provision as OFCOM consider appropriate for protecting the interests of the end-users of public electronic communications services;

conditions making such provision as OFCOM consider appropriate for securing service interoperability and for securing, or otherwise relating to, network access;

conditions making such provision as OFCOM consider appropriate for securing the proper and effective functioning of public electronic communications networks;

conditions for giving effect to determinations or regulations made under section 71;

conditions requiring or regulating the provision, availability and use, in the event of a disaster, of electronic communications networks, electronic communications services and associated facilities;

conditions making such provision as OFCOM consider appropriate for securing the protection of public health by the prevention or avoidance of the exposure of individuals to electro-magnetic fields created in connection with the operation of electronic communications networks;

conditions requiring compliance with relevant international standards.

relate to the supply, provision or making available of goods, services or facilities in association with the provision of public electronic communications services; and

give effect to Community obligations to provide protection for such end-users in relation to the supply, provision or making available of those goods, services or facilities.

to set conditions that are made applicable according to the identity of the provider of a network or service; or

to set conditions that differ according to the identity of the provider of the networks or services to which they relate.

section 73, or

any of sections 87 to 92,

with the provision of an electronic communications network or electronic communications service; or

with, or with the receipt of, anything conveyed or provided by means of such a network or service.

public communications providers, or

such descriptions of them as OFCOM consider appropriate,

the handling of complaints made to public communications providers by any of their domestic and small business customers;

the resolution of disputes between such providers and any of their domestic and small business customers;

the provision of remedies and redress in respect of matters that form the subject-matter of such complaints or disputes;

the information about service standards and about the rights of domestic and small business customers that is to be made available to those customers by public communications providers;

any other matter appearing to OFCOM to be necessary for securing effective protection for the domestic and small business customers of such providers.

that the procedures established and maintained for the handling of complaints and the resolution of disputes are easy to use, transparent and effective;

that domestic and small business customers have the right to use those procedures free of charge; and

that where public communications providers are in contravention of conditions set in accordance with the preceding provisions of this section, the providers follow such procedures as may be required by the general conditions.

applicable to the providers to whom the conditions apply; and

for the time being approved by OFCOM for the purposes of this subsection.

to establish and maintain procedures for resolving disputes; and

to secure that those procedures are, and continue to be, approved by OFCOM.

himself a communications provider; nor

a person who is such a customer in respect of an undertaking carried on by him for which more than ten individuals work (whether as employees or volunteers or otherwise).

approve modifications that have been made to an approved code;

withdraw their approval from a code; or

give notice that the withdrawal of their approval will take effect from such time as may be specified in the notification unless such modifications of the code as are specified in the notification are made before that time.

whether to approve a code of practice, or

whether or in what manner to exercise their powers under subsections (2) and (3) of this section,

the need to secure that customers are able readily to comprehend the procedures that are provided for by an approved code of practice;

the need to secure that there is consistency between the different codes for the time being approved by OFCOM; and

the need to secure that the number of different codes so approved is kept to a minimum.

are administered by person who is for practical purposes independent (so far as decisions in relation to disputes are concerned) of both OFCOM and the communications providers to whom the arrangements apply;

give effect to procedures that are easy to use, transparent and effective;

give, in the case of every communications provider to whom the arrangements apply, a right to each of his domestic and small business customers to use the procedures free of charge;

ensure that all information necessary for giving effect to the procedures is obtained;

ensure that disputes are effectively investigated;

include provision conferring power to make awards of appropriate compensation; and

are such as to enable awards of compensation to be properly enforced.

modify the conditions of their approval of any dispute procedures or withdraw such an approval; or

give notice that the modification of those conditions, or the withdrawal of such an approval, will take effect from such time as may be specified in the notification unless the procedures (or the arrangements under which they have effect) are modified before that time in the manner required by the notification.

whether to approve dispute procedures, or

whether or in what manner to exercise their powers under subsections (3) to (5),

the need to secure that customers are able readily to comprehend dispute procedures;

the need to secure that there is consistency between the different procedures for the time being approved by OFCOM; and

the need to secure that the number of different sets of procedures so approved is kept to a minimum.

that it is not practicable, or at least not appropriate, for OFCOM’s duties under subsections (1) and (3) of section 52 to be performed in a particular respect by the setting of general conditions; and

provision imposing requirements with respect to the complaints and disputes mentioned in section 52(2);

provision for the enforcement of those requirements;

provision making other arrangements for the purposes of those requirements.

power to establish a body corporate with the capacity to make its own rules and to establish its own procedures;

power to determine the jurisdiction of a body established by such an order or, for the purposes of the order, of any other person;

power to confer jurisdiction with respect to any matter on OFCOM themselves;

power to provide for a person on whom jurisdiction is conferred by the arrangements to make awards of compensation, to direct the reimbursement of costs or expenses, or to do both;

power to provide for such a person to enforce, or to participate in the enforcement of, any awards or directions made under such an order; and

power to make such other provision as OFCOM think fit for the enforcement of such awards and directions.

the establishment and maintenance, in accordance with such an order, of a body corporate or of a procedure; or

the making of any other arrangements for the purposes of the requirements of such an order.

the numbers that they have determined to be available for allocation by them as telephone numbers;

such restrictions as they consider appropriate on the adoption of numbers available for allocation in accordance with the plan; and

such restrictions as they consider appropriate on the other uses to which numbers available for allocation in accordance with the plan may be put.

from time to time to review the National Telephone Numbering Plan; and

to make any revision of that plan that they think fit in consequence of such a review;

identifying the destination for, or recipient of, an electronic communication;

identifying the origin, or sender, of an electronic communication;

identifying the route for an electronic communication;

identifying the source from which an electronic communication or electronic communications service may be obtained or accessed;

selecting the service that is to be obtained or accessed, or required elements or characteristics of that service; or

identifying the communications provider by means of whose network or service an electronic communication is to be transmitted, or treated as transmitted.

allocating or transferring that number to a particular customer or piece of apparatus;

using that number for identifying a service or route used by that provider or by any of his customers;

using that number for identifying a communication as one to be transmitted by that provider;

designating that number for use in selecting a service or the required elements or characteristics of a service;

authorising the use of that number by others for any of the purposes mentioned in subsection (5).

to make calls or otherwise transmit electronic communications to every normal telephone number; and

to receive every call or other electronic communication that is made or transmitted to him using such a service from apparatus identified by a normal telephone number.

has been made available, in accordance with the National Telephone Numbering Plan, as a number to be used for the purpose of identifying the destination for, or the recipient of, electronic communications; and

prohibit the adoption of telephone numbers by a communications provider except in cases where the numbers have been allocated by OFCOM to a person;

regulate the use by a communications provider, for the purpose of providing an electronic communications network or electronic communications service, of telephone numbers not allocated to that provider;

impose restrictions on the adoption of telephone numbers by a communications provider, and on other practices by communications providers in relation to telephone numbers allocated to them;

impose requirements on a communications provider in connection with the adoption by him of telephone numbers;

require an allocation of particular telephone numbers to be transferred from one communications provider to another in the circumstances provided for in the conditions;

impose such requirements and restrictions on a communications provider from whom an allocation is required to be transferred as may be provided for, in relation to the transfer, in the conditions;

require payments of such amounts as may be determined by OFCOM to be made to them by a person in respect of the allocation to him of telephone numbers;

require payments of such amounts as may be determined by OFCOM to be made to them by a person in respect of transfers of allocations from one person to another; and

require communications providers to secure compliance with such rules relating to the use of telephone numbers by their customers as OFCOM may set out in general conditions or determine in accordance with provision made by the general conditions.

provide for the procedure to be followed on the making of applications to OFCOM for the allocation of telephone numbers;

provide for the information that must accompany such applications and for the handling of such applications;

provide a procedure for telephone numbers to be reserved pending the making and disposal of an application for their allocation;

provide for the procedure to be followed on the making of applications for telephone numbers to be reserved, and for the handling of such applications;

regulate the procedures to be followed, the system to be applied and the charges to be imposed for the purposes of, or in connection with, the adoption by a communications provider of telephone numbers allocated to that provider;

regulate the procedures to be followed, the system to be applied and the charges to be imposed for the purposes of, or in connection with, the transfer of an allocation from one person to another.

the compilation of directories; and

the provision of directory enquiry facilities.

in the case of an application made in response to an invitation in accordance with subsection (5), before the end of six weeks after the day on which the application is received; and

in any other case, before the end of three weeks after that day.

invite persons to indicate the payments each would be willing to make to OFCOM if allocated the numbers; and

make the allocation according to the amounts indicated.

must set out the principles according to which the amounts of the payments are to be determined;

may provide for the payments to consist of a lump sum in respect of a particular allocation or transfer or of sums payable periodically while an allocation remains in force, or of both;

make modifications from time to time of, or of the method of determining, the amounts of periodic payments falling to be made by virtue of conditions containing provision authorised by this section; and

make different provision in relation to different descriptions of communications provider and different descriptions of telephone number.

must be paid to them as soon as they become due in accordance with the conditions imposing the obligation to pay; and

if not so paid, are to be recoverable by them accordingly.

the allocation of telephone numbers to such persons;

the transfer of allocations to and from such persons; and

the use of telephone numbers by such persons.

the allocation of telephone numbers;

the transfer of allocations; or

the use of telephone numbers.

the setting of conditions under this section and the modification and revocation of such conditions; and

the giving, modification or withdrawal of any direction, approval or consent for the purposes of a condition under this section,

is not a communications provider, but

applies for the allocation of a telephone number, or is allocated such a number,

for an injunction;

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

for any other appropriate remedy or relief.

the National Telephone Numbering Plan; or

another document published by OFCOM.

objectively justifiable in relation to the matters to which it relates;

not such as to discriminate unduly against particular persons or against a particular description of persons;

proportionate to what the modification is intended to achieve; and

in relation to what it is intended to achieve, transparent.

stating that they are proposing to do so;

specifying the Plan or other document that they are proposing to revise or modify;

setting out the effect of their proposed revisions or modifications;

giving their reasons for making the proposal; and

specifying the period within which representations may be made to OFCOM about their proposal.

they have considered every representation about the proposal that is made to them within the period specified in the notification; and

they have had regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.

consent to the withdrawal is given by the person to whom the numbers are for the time being allocated;

the withdrawal is made for the purposes of a transfer of the allocation required by numbering conditions;

the withdrawal is made for the purposes of a numbering reorganisation applicable to a particular series of telephone numbers;

the withdrawal is made in circumstances specified in the numbering conditions and for the purpose of securing that what appears to OFCOM to be the best and most efficient use is made of the numbers and other data that are appropriate for use as telephone numbers;

the allocated numbers are numbers that have not been adopted during such period after their allocation as may be specified in the numbering conditions; or

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.

there have been serious and repeated contraventions, by the person to whom the allocation is for the time being allocated, of the numbering conditions; and

it appears to OFCOM that the taking of other steps in respect of the contraventions is likely to prove ineffective for securing future compliance.

the person to whom the allocation is for the time being allocated is not a communications provider; and

it appears to OFCOM that contraventions by that person of numbering conditions makes the withdrawal of the allocation appropriate.

against particular communications providers;

against particular users of the allocated numbers; or

against a particular description of such providers or users;

give a notification of their proposal;

consider any representations made to them about the proposal within the period of one month following the day on which the notification is given; and

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 paragraph (b).

the person to whom the numbers to which the proposed withdrawal relates are for the time being allocated;

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;

every person who uses one or more of those numbers for obtaining access to services or for communication; and

every other person who, in OFCOM’s opinion, is likely to be affected by the proposal.

in the case of a previous notification given to that person under section 94, OFCOM have determined for the purposes of section 95(2) or 96(2) that a contravention of a numbering condition did occur; and

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;

general conditions the making of which is authorised by section 58; or

conditions set under section 59.

against particular communications providers;

against particular users of the allocated numbers; or

against a particular description of such providers or users.

no payment is to be made to OFCOM in respect of the making of the replacement allocation; but

subsection (5) is to apply.

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

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

to encourage efficiency and innovation for that purpose.

the service is included in the list of must-carry services; and

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.

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 have functions;

the Channel 3 services so far as provided in digital form;

Channel 4 so far as provided in digital form;

Channel 5 so far as provided in digital form;

S4C Digital;

the digital public teletext service.

apply the requirement to broadcast or otherwise transmit that service to every service which is an ancillary service by reference to the listed service; and

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.

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

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.

the list of must-carry services; and

any requirements for the time being in force under this section with respect to the terms on which services must be broadcast or otherwise transmitted.

OFCOM; and

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.

the public benefit to be secured by the addition of the service to the list, or by its retention in the list;

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 section apply;

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

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.

the person providing a must-carry service, and

the person providing a network by means of which it is to be provided,

OFCOM, and

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.

electronic communications networks and electronic communications services;

facilities capable of being made available as part of or in connection with an electronic communications service;

particular methods of billing for electronic communications services or of accepting payment for them;

directories capable of being used in connection with the use of an electronic communications network or electronic communications service; and

directory enquiry facilities capable of being used for purposes connected with the use of such a network or service.

the supply of directories capable of being used in connection with the use of an electronic communications network or electronic communications service; and

the making available of directory enquiry facilities capable of being used for purposes connected with the use of such a network or service.

review the designations for the time being in force in accordance with regulations under this section; and

on such a review, consider what (if any) universal service conditions should continue to apply to each of the designated persons.

to be efficient, objective and transparent; and

not to involve, or to tend to give rise to, any undue discrimination against any person or description of persons.

OFCOM designate a person in accordance with regulations under this section, or

a designation of a person in accordance with any such regulations ceases to have effect,

requires information published in accordance with it to be updated from time to time and published again;

requires information so published to satisfy the requirements that OFCOM consider appropriate for securing that it is adequate; and

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.

the times at which information published in accordance with it is to be published; and

the manner in which that information is to be published.

to make facilities available for enabling information published in pursuance of a condition applied to that person under subsection (2) to be independently audited;

to meet the costs of any independent auditing of that information that is required by OFCOM.

for accuracy; and

for its usefulness in the making of comparisons with information published by other designated universal service providers.

to keep under review universal service tariffs; and

to monitor changes to those tariffs.

the use of a common tariff, or of common tariffs, in relation to anything mentioned in section 65(2);

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;

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.

to pay for an unnecessary additional service; or

to pay, in respect of anything required by the order, any amount that is attributable to the provision to him of such a service.

he has to accept by reason of his being provided, at his request, with something required by the order (“the requested service”); and

is not necessary for the purpose of providing him with the requested service.

to supply a directory capable of being used in connection with the use of an electronic communications network or electronic communications service; or

to make available directory enquiry facilities capable of being used for purposes connected with use of such a network or service.

in the compiling of the directory or the answering of directory enquiries; or

in the treatment in the directory, or for the purposes of the facilities, of any relevant information from that source.

references to relevant information are references to information provided for inclusion in the directory or for use in the answering of directory enquiries; and

references to a source of relevant information are references to a communications provider or designated universal service provider who provides relevant information.

regulations under section 66 require the financial burden of so complying to be taken into account in determining whom to designate, and

the regulations provide for a particular method of calculating that burden to be used for the purposes of that determination,

his designation; and

the application to him of universal service conditions.

cause the calculations made by them on the review to be audited by a person who appears to them to be independent of designated universal service providers; or

themselves carry out an audit of those calculations.

is prepared; and

if not prepared by OFCOM, is provided to them.

their conclusions on the review; and

a summary of the report of the audit which was carried out as respects the calculations made for the purposes of that review.

have concluded, on a review under section 70, that complying in relation to any matter with universal service conditions imposes a financial burden on a particular designated universal service provider; and

have published that conclusion in accordance with that section.

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

an application for a determination under this subsection is made to OFCOM by that provider,

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;

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

a determination by OFCOM of whether it is or would be unfair for the designated universal service provider to bear, or to continue to bear, the burden of complying in relation to any matter with universal service conditions;

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

in an objective and transparent manner;

in a manner that does not involve, or tend to give rise to, any undue discrimination against particular communications providers or particular designated universal service providers, or against a particular description of them; and

in a manner that avoids, or (if that is impracticable) at least minimises, any distortion of competition or of customer demand.

by OFCOM; or

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

the persons who are designated universal service providers; and

communications providers to whom general conditions are applicable.

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;

the market benefits for each designated universal service provider that have accrued to him during that period from his designation and from the application to him of universal service conditions; and

the contribution made under section 71(3) by every person who has made a contribution during that period.

must be prepared as soon as practicable after the end of the period to which it is to apply; and

must be published as soon as practicable after its preparation is complete.

to publish any matter that is confidential in accordance with subsection (7) or (8); or

to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.

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

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

it relates to the private affairs of an individual; and

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

efficiency on the part of communications providers and persons making associated facilities available;

sustainable competition between them; and

the greatest possible benefit for the end-users of public electronic communications services.

sharing the use of electronic communications apparatus; and

apportioning and making contributions towards costs incurred in relation to shared electronic communications apparatus.

is of a technical or operational nature;

appears to OFCOM to be appropriate for securing the proper operation of an electronic communications network in compliance with any SMP services condition falling within section 87(3); and

impose obligations on a person controlling network access to any of those networks; and

require the interconnection of the networks.

that persons are able to have access to such programme services provided in digital form as OFCOM may determine; and