(a) in the case of a previous notification given to that person under section
90, OFCOM have determined for the purposes of section 91(2) or 92(2)
that a contravention of a numbering condition did occur; and
(b) in the period of twelve months following the day of the making of that
determination, one or more further notifications have been given to
that person in respect of contraventions of numbering conditions;
and for the purposes of this subsection it shall be immaterial whether the
notifications related to the same contravention or to different contraventions of
the same or different conditions.
(9) In this section “numbering conditions” means—
(a) general conditions the making of which is authorised by section 54; or
(b) conditions set under section 55.
58 Numbering reorganisations
(1) This section applies to the withdrawal of an allocation for the purposes of a
numbering reorganisation that is applicable to a particular series of telephone
(2) The allocation is to be withdrawn only if the reorganisation, so far as it relates
to numbers of any description, is not such as to discriminate unduly—
(a) against particular communications providers;
(b) against particular users of the allocated numbers; or
(c) against a particular description of such providers or users.
(3) The allocation must not be withdrawn if the reorganisation fails to provide for
withdrawn allocations to be replaced by allocations of telephone numbers so
nearly resembling the numbers to which the withdrawal relates as the purpose
of the reorganisation allows.
(4) Where a replacement allocation is made for the purposes of the re-
(a) no payment is to be made to OFCOM in respect of the making of the
replacement allocation; but
(b) subsection (5) is to apply.
(5) Where this subsection applies—
(a) a provision for the making of periodic payments in respect of the
withdrawn allocation is to be treated, to the extent that OFCOM
determine that it should, as a provision requiring the making of
periodic payments in respect of the replacement allocation; and
(b) OFCOM may, if they think fit, make such repayments or adjustments
of a provision for payment as appear to them to be appropriate in
consequence of differences between—
(i) the numbers to which the withdrawn allocation relates; and
(ii) the numbers to which the replacement allocation relates.
59 General duty as to telephone numbering functions
(1) It shall be the duty of OFCOM, in the carrying out of their functions under
sections 52 to 58—
(a) to secure that what appears to them to be the best use is made of the
numbers that are appropriate for use as telephone numbers; and
(b) to encourage efficiency and innovation for that purpose.
(2) It shall also be the duty of OFCOM, in carrying out those functions, to secure
that there is no undue discrimination by communications providers against
other communications providers in relation to the adoption of telephone
numbers for purposes connected with the use by one communications
provider, or his customers, of an electronic communications network or
electronic communications service provided by another.
(3) In this section “number” has the same meaning as in section 52.
General conditions: must-carry obligations
60 Must-carry obligations
(1) General conditions may include conditions making any provision that
OFCOM consider appropriate for securing that particular services are
broadcast or otherwise transmitted by means of the electronic communications
networks described in the conditions.
(2) A general condition set under this section is not to require a service to be
broadcast or otherwise transmitted by means of an electronic communications
(a) the service is included in the list of must-carry services; and
(b) the effect of the requirement is confined to networks by means of which
public electronic communications services are provided that are used
by a significant number of end-users as their principal means of
receiving television programmes.
(3) That list is as follows—
(a) any service of television programmes provided by the BBC so far as it
is provided in digital form and is a service in relation to which OFCOM
(b) the Channel 3 services so far as provided in digital form;
(c) Channel 4 so far as provided in digital form;
(d) Channel 5 so far as provided in digital form;
(e) S4C Digital;
(f) the digital public teletext service.
(4) It shall be the duty of the Secretary of State from time to time to review—
(a) the list of must-carry services; and
(b) any requirements for the time being in force under this section with
respect to the terms on which services must be broadcast or otherwise
(5) Where the Secretary of State carries out such a review, he must consult the
following about the matters under review—
(a) OFCOM; and
(b) such persons who, in his opinion, are likely to be affected by a
modification of the list of must-carry services, or who represent any of
those persons, as he thinks fit.
(6) If, on such a review, he considers it appropriate to do so, the Secretary of State
may by order modify the list of must-carry services.
(7) In determining whether it is appropriate for the purposes of subsection (6) to
add a service to the list of must-carry services or to remove it, the Secretary of
State must have regard, in particular, to—
(a) the public benefit to be secured by the addition of the service to the list,
or by its retention in the list;
(b) the extent to which the service (if it were not included in the list) would
nevertheless be made available to an acceptable technical standard by
means of the networks to which conditions set in accordance with this
(c) the capacity left available, after the requirements of those conditions
have been complied with, for the broadcasting or transmission of
material by means of each of those networks; and
(d) the need to secure that the burden of complying with conditions so set
is proportionate to the objective of securing that the services in the list
of must-carry services are available for reception by as many members
of the public in the United Kingdom as practicable.
(8) The Secretary of State may also by order make provision imposing
requirements as to what, as between—
(a) the person providing a must-carry service, and
(b) the person providing a network by means of which it is to be provided,
are to be the terms on which the service is to be broadcast or otherwise
transmitted, in pursuance of general conditions set in accordance with this
section, by means of that network.
(9) An order under subsection (8) may provide for the terms to be determined by
OFCOM in accordance with the provisions of the order.
(10) Section 352 applies for construing this section as it applies for the purposes of
Universal service conditions
61 Obligations to be secured by universal service conditions
(1) The Secretary of State must by order (“the universal service order”) set out the
extent to which the things falling within subsection (2) must, for the purpose
of securing compliance with Community obligations for the time being in
force, be provided, made available or supplied throughout the United
(2) Those things are—
(a) electronic communications networks and electronic communications
(b) facilities capable of being made available as part of or in connection
with an electronic communications service;
(c) directories capable of being used in connection with the use of an
electronic communications network or electronic communications
(d) directory enquiry facilities capable of being used for purposes
connected with the use of such a network or service.
(3) The universal service order may contain guidance about matters relating to the
pricing of things that the order says must be provided, made available or
(4) Before making or varying the universal service order, the Secretary of State
must consult OFCOM and such other persons as he considers appropriate.
62 Designation of universal service providers
(1) OFCOM may by regulations make provision for the designation of the persons
to whom universal service conditions are to be applicable.
(2) Subject to subsection (3), those regulations are not to authorise the designation
of a person other than a communications provider.
(3) The regulations may provide for a person other than a communications
provider to be designated for the purposes only of conditions relating to—
(a) the supply of directories capable of being used in connection with the
use of an electronic communications network or electronic
communications service; and
(b) the making available of directory enquiry facilities capable of being
used for purposes connected with the use of such a network or service.
(4) OFCOM may from time to time—
(a) review the designations for the time being in force in accordance with
regulations under this section; and
(b) on such a review, consider what (if any) universal service conditions
should continue to apply to each of the designated persons.
(5) The procedure to be followed in the case of every such review must be the
procedure provided for in regulations made by OFCOM.
(6) Regulations made by OFCOM under this section must provide for a person’s
designation as a person to whom universal service conditions are to be
applicable to cease to have effect where, in any such case as may be described
in the regulations, the universal service conditions applied to him are all
(7) Regulations made by OFCOM under this section providing a procedure for the
designation of persons, or for the conduct of a review under subsection (4),
must not provide for any procedure other than one appearing to OFCOM—
(a) to be efficient, objective and transparent; and
(b) not to involve, or to tend to give rise to, any undue discrimination
against any person or description of persons.
(a) OFCOM designate a person in accordance with regulations under this
(b) a designation of a person in accordance with any such regulations
ceases to have effect,
they must give a notification of that designation, or of that fact, to the European
(9) A notification under this section must identify the person who has been
designated, or the person whose designation has ceased to have effect.
(10) Section 392 applies to the power of OFCOM to make regulations under this
63 Subject-matter of universal service conditions
(1) OFCOM may set any such universal service conditions as they consider
appropriate for securing compliance with the obligations set out in the
universal service order.
(2) Universal service conditions applied to a person must include a condition
requiring him to publish information about his performance in complying with
the universal service conditions that apply to him.
(3) A condition set in accordance with subsection (2) must contain provision
(a) requires information published in accordance with it to be updated
from time to time and published again;
(b) requires information so published to satisfy the requirements that
OFCOM consider appropriate for securing that it is adequate; and
(c) requires information so published to be framed by reference to the
quality of service parameters, definitions and measurement methods
for the time being set out in Annex III to the Universal Service Directive.
(4) A condition set in accordance with that subsection may impose requirements
(a) the times at which information published in accordance with it is to be
(b) the manner in which that information is to be published.
(5) Universal service conditions may impose an obligation on a person to whom
they apply to do one or both of the following, if required to do so by OFCOM—
(a) to make facilities available for enabling information published in
pursuance of a condition applied to that person under subsection (2) to
be independently audited;
(b) to meet the costs of any independent auditing of that information that
is required by OFCOM.
(6) The reference in subsection (5) to the independent auditing of information is a
reference to its being audited by a qualified auditor—
(a) for accuracy; and
(b) for its usefulness in the making of comparisons with information
published by other designated universal service providers.
(7) Universal service conditions may impose performance targets on designated
universal service providers with respect to any of the matters in relation to
which obligations may be imposed by such conditions.
(8) In setting a universal service condition, OFCOM must have regard to any
guidance about matters relating to pricing that is contained in the universal
(9) In this section “qualified auditor” means a person eligible, in accordance with
Part 2 of the Companies Act 1989 (c. 40), for appointment as a company