Communications Act 2003

Interpretation of Chapter 1 U.K.

F1 150A. Proposals of EU significance U.K.

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Textual Amendments

F1 S. 150A omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 36; 2020 c. 1, Sch. 5 para. 1(1)

151 Interpretation of Chapter 1 U.K.

(1) In this Chapter—

• F2 ...

• “access-related condition” means a condition set as an access-related condition under section 45;

• “allocation” and “adoption”, in relation to telephone numbers, and cognate expressions, are to be construed in accordance with section 56;

• “apparatus market”, in relation to a market power determination, is to be construed in accordance with section 46(9)(b);

• [F3 “bundled contract” has the meaning given by section 51(8);

• “commitments decision” means a decision under section 93A(8);]

• “designated universal service provider” means a person who is for the time being designated in accordance with regulations under section 66 as a person to whom universal service conditions are applicable;

• [F4 “designated vendor” means a person designated by a designation notice;

• “designated vendor direction” has the meaning given by section 105Z1(1);]

• [F5 “designation notice” has the meaning given by section 105Z8(1);]

• “electronic communications apparatus”—

  (a)

  in relation to SMP apparatus conditions and in section 141, means apparatus that is designed or adapted for a use which consists of or includes the sending or receiving of communications or other signals (within the meaning of section 32) that are transmitted by means of an electronic communications network; and

  (b)

  in all other contexts, has the same meaning as in the electronic communications code;

• “the electronic communications code” has the meaning given by section 106(1);

• “end-user”, in relation to a public electronic communications service, means—

  (a)

  a person who, otherwise than as a communications provider, is a customer of the provider of that service;

  (b)

  a person who makes use of the service otherwise than as a communications provider; or

  (c)

  a person who may be authorised, by a person falling within paragraph (a), so to make use of the service;

• “the Framework Directive” means Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services [F6 , as amended by Directive 2009/140/EC of the European Parliament and of the Council] ;

• “general condition” means a condition set as a general condition under section 45;

• [F7 “inspection notice” has the meaning given by section 105Z14;]

• “interconnection” is to be construed in accordance with subsection (2);

• “market power determination” means—

  (a)

  a determination, for the purposes of provisions of this Chapter, that a person has significant market power in an identified services market or an identified apparatus market, or

  (b)

  a confirmation for such purposes of a market power determination reviewed on a further analysis under section 84 or 85;

• “misuse”, in relation to an electronic communications network or electronic communications service, is to be construed in accordance with section 128(5) and (8), and cognate expressions are to be construed accordingly;

• [F8 “monitoring direction” has the meaning given by section 105Z12;]

• “network access” is to be construed in accordance with subsection (3);

• [F9 “not-for-profit body” means a body which, by virtue of its constitution or any enactment—

  (a)

  is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes; and

  (b)

  is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes);

• “number-based interpersonal communications service” has the meaning given by section 32A(1);]

• “persistent” and “persistently”, in relation to misuse of an electronic communications network or electronic communications service, are to be construed in accordance with section 128(6) and (7);

• “premium rate service” is to be construed in accordance with section 120(7);

• “privileged supplier condition” means a condition set as a privileged supplier condition under section 45;

• “provider”, in relation to a premium rate service, is to be construed in accordance with section 120(9) to (12), and cognate expressions are to be construed accordingly;

• “public communications provider” means—

  (a)

  a provider of a public electronic communications network;

  (b)

  a provider of a public electronic communications service; or

  (c)

  a person who makes available facilities that are associated facilities by reference to a public electronic communications network or a public electronic communications service;

• “public electronic communications network” means an electronic communications network provided wholly or mainly for the purpose of making electronic communications services available to members of the public;

• “public electronic communications service” means any electronic communications service that is provided so as to be available for use by members of the public;

• “regulatory authorities” is to be construed in accordance with subsection (5);

• “relevant international standards” means—

  (a)

  any standards or specifications from time to time drawn up and published in accordance with Article 17 of the Framework Directive [F10 or Article 39 of the EECC Directive];

  (b)

  the standards and specifications from time to time adopted by—

  (i)

  the European Committee for Standardisation,

  (ii)

  the European Committee for Electrotechnical Standardisation; or

  (iii)

  the European Telecommunications Standards Institute; and

  (c)

  the international standards and recommendations from time to time adopted by—

  (i)

  the International Telecommunication Union;

  (ii)

  the International Organisation for Standardisation; or

  (iii)

  the International Electrotechnical Committee;

• [F11 “security compromise”, in relation to a public electronic communications network or a public electronic communications service, has the meaning given by section 105A;]

• “service interoperability” means interoperability between different electronic communications services;

• “services market”, in relation to a market power determination or market identification, is to be construed in accordance with section 46(8)(a);

• “significant market power” is to be construed in accordance with section 78;

• “SMP condition” means a condition set as an SMP condition under section 45, and “SMP services condition” and “SMP apparatus condition” are to be construed in accordance with subsections (8) and (9) of that section respectively;

• [F12 “social tariff condition” means a condition set as a social tariff condition under section 45;]

• “telephone number” has the meaning given by section 56(5);

• [F13 “terminal equipment” means—

  (a)

  equipment directly or indirectly connected to the interface of a public electronic communications network to send, process or receive information, with the direct or indirect connection being made by a wire or optical fibre or electromagnetically; or

  (b)

  equipment which is capable of being used for the transmission or reception, or both, of radio communication signals by means of satellites or other space-based systems;]

• F14 ...

• “universal service condition” means a condition set as a universal service condition under section 45;

• “the universal service order” means the order for the time being in force under section 65.

• [F15 “urgent enforcement direction” has the meaning given by section 105Z22.]

(2) In this Chapter references to interconnection are references to the linking (whether directly or indirectly by physical or logical means, or by a combination of physical and logical means) of one public electronic communications network to another for the purpose of enabling the persons using one of them to be able—

(a) to communicate with users of the other one; or

(b) to make use of services provided by means of the other one (whether by the provider of that network or by another person).

(3) In this Chapter references to network access are references to—

(a) interconnection of public electronic communications networks; or

(b) any services, facilities or arrangements which—

(i) are not comprised in interconnection; but

(ii) are services, facilities or arrangements by means of which [F16 a person] is able, for the purposes of the provision of an electronic communications service (whether by him or by another), to make use of anything mentioned in subsection (4);

and references to providing network access include references to providing any such services, making available any such facilities or entering into any such arrangements.

(4) The things referred to in subsection (3)(b) are—

(a) any electronic communications network or electronic communications service provided by another communications provider;

(b) any apparatus comprised in such a network or used for the purposes of such a network or service;

[F17 (ba) any electronic communications apparatus;]

(c) any facilities made available by another that are associated facilities by reference to any network or service (whether one provided by that provider or by another);

(d) any other services or facilities which are provided or made available by another person and are capable of being used for the provision of an electronic communications service.

[F18 (4A) In subsections (3)(b)(ii) and (4)(d), the references to an electronic communications service include the conveyance by means of an electronic communications network of signals, including an information society service or content service so conveyed.

(4B) In subsection (4A)—

• “content service” has the meaning given by section 32(7), and

• “information society service” has the meaning given by [F19 section 51(9)].]

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this Chapter, where there is a contravention of an obligation that requires a person to do anything within a particular period or before a particular time, that contravention shall be taken to continue after the end of that period, or after that time, until that thing is done.

(7) References in this Chapter to remedying the consequences of a contravention include references to paying an amount to a person—

(a) by way of compensation for loss or damage suffered by that person; or

(b) in respect of annoyance, inconvenience or anxiety to which he has been put.

(8) In determining for the purposes of provisions of this Chapter whether a contravention is a repeated contravention for any purposes, a notification of a contravention under that provision shall be disregarded if it has been withdrawn before the imposition of a penalty in respect of the matters notified.

(9) For the purposes of this section a service is made available to members of the public if members of the public are customers, in respect of that service, of the provider of that service.

Textual Amendments

F2 Words in s. 151(1) omitted (21.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(a)

F3 Words in s. 151(1) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(b)

F4 Words in s. 151(1) inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 15(3), 28(1)(c)

F5 Words in s. 151(1) inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 16(3), 28(1)(c)

F6 Words in s. 151(1) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 90(a)(ii) (with Sch. 3 para. 2, 20)

F7 Words in s. 151(1) inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 19(4), 28(1)(c)

F8 Words in s. 151(1) inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 18(4), 28(1)(c)

F9 Words in s. 151(1) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(c)

F10 Words in s. 151(1) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(d)

F11 Words in s. 151(1) inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 1(3), 28(1)(a)

F12 Words in s. 151(1) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(e)

F13 Words in s. 151(1) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(f)

F14 Words in s. 151(1) omitted (21.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(2)(g)

F15 Words in s. 151(1) inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 21(3), 28(1)(c)

F16 Words in s. 151(3)(b)(ii) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 90(b) (with Sch. 3 para. 2)

F17 S. 151(4)(ba) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 90(c) (with Sch. 3 para. 2)

F18 S. 151(4A)(4B) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 90(d) (with Sch. 3 para. 2)

F19 Words in s. 151(4B) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 61(3)

F20 S. 151(5) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(3)(a), Sch. 1 para. 78

Commencement Information

I1 S. 151 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2 S. 151 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)