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Section 48A Consultation for section 45 conditionsF1F7

United Kingdom

(1)

This section applies where OFCOM propose to set, modify or revoke—

(a)

SMP apparatus conditions; or

(b)

any other conditions set under section 45 where what is proposed would, in OFCOM’s opinion, have a significant impact on a market for any of the services, facilities, apparatus or directories in relation to which they have functions under this Chapter.

(2)

But this section does not apply where F2... in OFCOM’s opinion—

(a)

there are exceptional circumstances; and

(b)

there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.

(F32A)

This section also does not apply to the proposed setting, modification or revocation of a social tariff condition.

(3)

OFCOM must publish a notification—

(a)

stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;

(b)

setting out the effect of those conditions, modifications or revocations;

(c)

giving their reasons for making the proposal; and

(d)

specifying the period within which representations may be made to OFCOM about their proposal.

(4)

That period must end no less than F430 days after the day of the publication of the notification.

(5)

But where OFCOM are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period OFCOM consider reasonable in those circumstances.

(6)

OFCOM must—

(a)

consider every representation about the proposal made to them during the period specified in the notification; and

(b)

have regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.

(7)

F5... OFCOM may then give effect to F6the proposal, with any modifications that appear to OFCOM to be appropriate.

Annotations

Textual amendments

F1

Ss. 48A-48C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 23 (with Sch. 3 paras. 2, 6)

F2

Words in s. 48A(2) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(2); 2020 c. 1, Sch. 5 para. 1(1)

F3

S. 48A(2A) 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. 13(2)

F4

Words in s. 48A(4) substituted (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. 13(3)

F5

Words in s. 48A(7) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in s. 48A(7) substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7

Word in s. 48A heading substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 10(4); 2020 c. 1, Sch. 5 para. 1(1)