Paragraph 11

Section 46 (persons to whom conditions may apply) is amended as follows.

After subsection (5) insert—

“(5A)

A social tariff condition may be applied—

(a)

generally to every person providing a public electronic communications service;

(b)

generally to every person providing such a service of a particular description specified in the condition; or

(c)

to a particular person specified in the condition.”.

In subsection (6), for the “and” at the end of paragraph (a) substitute—

“(aa)

in the case of a condition falling within section 74(2A), must be—

(i)

a person providing a public electronic communications network; or

(ii)

the owner of a line or associated facility;

(ab)

in the case of a condition falling within section 74A, must be a person who provides an electronic communications network; and”.

After subsection (8) insert—

“(8A)

A person whom OFCOM have previously determined to be a person having significant market power in a services market but whom OFCOM determine no longer to be a person having significant market power in that market is to be treated as continuing to fall within subsection (8) for so long as OFCOM consider necessary to ensure a sustainable transition for those benefitting from obligations imposed on that person as a result of the previous determination.”.