The Electronic Communications (Universal Service) Regulations 2003

Designation of Universal Service Provider

4.—(1) The Director shall be under a duty to make proposals to secure, as far as practicable, the universal service.

(2) In order to fulfil the duty in paragraph (1), the Director may propose the designation of such persons as he considers appropriate as universal service providers.

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

(a) stating that he is proposing to designate that person as a universal service provider;

(b) giving the reasons for making the proposal;

(c) inviting expressions of interest 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 the proposal or expressions of interest may be made.

(4) The notification may also set out the following—

(a) the conditions that the Director is proposing to set on a person designated as a universal service provider in accordance with Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive;

(b) the effect of those conditions; and

(c) the reasons for setting those conditions.

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

(6) The Director shall send a copy of each notification published under paragraph (3) to the Secretary of State.

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

(8) Where following publication of a notification in accordance with paragraph (3), the Director, within the period specified for the purposes of paragraph (3)(d), receives an expression of interest from a person to be designated as a universal service provider instead of the person stated in the notice he shall—

(a) consider that expression of interest; and

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

(9) Where the Director determines, in accordance with paragraph (8)(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, he must, before confirming that proposal, publish a notification in accordance with paragraph (3).

(10) If—

(a) he has considered every representation about the proposals set out in a notification published under paragraph (3) that is made to him within the period specified in the notification; and

(b) he has determined, in accordance with paragraph 8(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,

the Director may, by publication of a further notification, set out the proposals, with or without modification, as he intends that effect would be given to them upon the coming into force of any enactment (including an enactment contained in subordinate legislation) which implements the provision of the Universal Service Directorate to which the proposals relate; and reference in this regulation to confirmation of a proposal is reference to publication of such a notification setting out a proposal.

(11) Where the Director has confirmed any proposal by the publication of a notification under paragraph (10), he may, by publication of a further notification, withdraw that proposal.

(12) Any proposed conditions which the Director sets out in a notification published under paragraphs (3) or (10) must comply with, and be necessary for satisfying requirements in, Articles 4, 5, 6, 7, 9, 10 and 11 of the Universal Service Directive.