The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

22.—(1) Section 65 (obligations to be secured by universal service conditions) M1 is amended as follows. U.K.

(2) In subsection (2)—

(a) at the end of paragraph (a), insert “ and ”;

(b) omit paragraphs (c) to (e).

(3) In subsection (2B), after “services”, in the first place it occurs, insert “ at a fixed location ”.

(4) After subsection (2B) insert—

“(2BA) The universal service order may in particular say that mobile services must be provided to any extent, but may not do so unless this appears to the Secretary of State necessary to ensure the full social and economic participation in society of qualifying end-users.

(2BB) In subsection (2BA)—

(a) “mobile services” means—

(i) broadband services provided otherwise than at a fixed location; and

(ii) telephone services provided otherwise than at a fixed location;

(b) “qualifying end-user” means an end-user who is—

(i) an individual acting for purposes other than those of a business;

(ii) a micro, small or medium-sized enterprise, as defined by Article 2(1) of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises; or

(iii) a not-for-profit body.

(2BC) The universal service order may continue to contain provision setting out the extent to which any of the following things must be provided, made available or supplied throughout the United Kingdom—

(a) public pay telephone or other public voice telephony access points;

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

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

(d) directory enquiry facilities capable of being used for purposes connected with the use of such a network or service;

(e) publicly available telephone services capable of allowing end-users to send and receive facsimile.”.

(5) In subsection (2C)(a), after “speed” insert “ to be provided by broadband connections or services at a fixed location ”.

(6) In subsection (3), at the end insert “ , other than matters relating only to social tariffs as defined by section 72F(2) ”.

(7) After subsection (5) insert—

“(6) In this section “public pay telephone” means a telephone available to the general public, for the use of which the means of payment may include one or more of the following—

(a) coins;

(b) credit or debit cards; and

(c) pre-payment cards, including cards for use with dialling codes.”.

Commencement Information

I1 Sch. 1 para. 22 in force at 21.12.2020, see reg. 1(2)

Marginal Citations

M1 Section 65 was amended by S.I. 2011/1210 and by section 1(3) and (4) of the Digital Economy Act 2017 and is prospectively amended by S.I. 2019/246.