Communications Act 2003

73 Permitted subject-matter of access-related conditions U.K.

(1) The only conditions that may be set under section 45 as access-related conditions are those authorised by this section.

(2) Access-related conditions may include conditions relating to the provision of such network access and service interoperability as appears to OFCOM appropriate for the purpose of securing—

(a) efficiencyF1 ...;

(b) sustainable competition F2 ...; F3 ...

[F4 (bza) the bringing into operation, where OFCOM consider it appropriate, of very high capacity networks;]

[F5 (ba) efficient investment and innovation; and]

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

(3) Access-related conditions may include conditions appearing to OFCOM to be appropriate for securing that persons to whom the electronic communications code applies participateF6 ... in arrangements for—

(a) sharing the use of electronic communications apparatus; and

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

[F7 (3A) The power to set access-related conditions falling within subsection (3) is to be exercised for the purpose of—

(a) encouraging efficient investment in infrastructure; and

(b) promoting innovation.]

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (4A) Access-related conditions may include conditions permitted by section 74A.]

(5) Access-related conditions may include conditions containing any provision required by section 75(2).

Textual Amendments

F1 Words in s. 73(2)(a) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(i) (with Sch. 3 para. 2)

F2 Words in s. 73(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(ii) (with Sch. 3 para. 2)

F3 Word in s. 73(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(iii) (with Sch. 3 para. 2)

F4 S. 73(2)(bza) 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. 30(2)

F5 S. 73(2)(ba) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(iii) (with Sch. 3 para. 2)

F6 Words in s. 73(3) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(b) (with Sch. 3 para. 2)

F7 S. 73(3A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(c) (with Sch. 3 para. 2)

F8 S. 73(4) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(d) (with Sch. 3 para. 2)

F9 S. 73(4A) 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. 30(3)

Commencement Information

I1 S. 73 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. 73 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)