(This note is not part of the Order)
This Order satisfies the obligation of the Secretary of State, under section 65(1) of the Communications Act 2003 (“the Act”), to make an Order setting out the extent to which the things falling within section 65(2) of the Act must, for the purpose of securing compliance with Community obligations of the United Kingdom, be provided, made available or supplied throughout the United Kingdom.
The things falling within section 65(2) are:
electronic communications networks and electronic communications services;
facilities capable of being made available as part of or in connection with an electronic communications service;
directories capable of being used in connection with the use of an electronic communications network or electronic communications service;
directory enquiry facilities capable of being used for purposes connected with the use of such a network or service; and
particular methods of billing for electronic communications services or of accepting payment for them.
The extent to which these things are to be provided, made available or supplied throughout the United Kingdom, is set out in the Schedule to the Order.
Article 4 of the Order sets out guidance on the pricing of things that the Order requires to be provided, made available or supplied. OFCOM are required to have regard to such guidance when setting universal service conditions under section 67 of the Act.
Under Directive 2002/22/EC of the European Parliament and of the Council of 7th March 2002 on universal service and users' rights relating to electronic communications networks and services (“the Universal Service Directive”), the United Kingdom is obliged to ensure the provision, availability or supply of certain services set out in Chapter II of the Universal Service Directive to users in the United Kingdom. This Order implements Articles 4, 5(1)(a), 5(1)(b), 6(1), 6(3), 7(1), 9(2) and 10(2) of the Universal Service Directive.
OFCOM are responsible for adopting appropriate measures, such as setting universal service conditions, so as to secure compliance with the obligations contained in this Order.