Explanatory note

This Order is a universal service order in relation to broadband connections and services. It re-implements Article 3 and Article 4(1) and (2) of Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services (O.J. No. L 108, 24.4.2002, p.51), as amended by Directive 2009/136/EC (O.J. No. L 337, 18.12.2009, p.11).

Article 2 introduces Schedule 1, which sets out the broadband universal service which must be provided throughout the United Kingdom. Paragraph 1 of Schedule 1 sets out the specification of the broadband connections and services that must be provided. Paragraph 2 of Schedule 1 sets out certain restrictions on the extent to which those connections and services must be provided.

Article 3 introduces Schedule 2 which sets out guidance about matters relating to broadband universal service. OFCOM must have regard to this guidance when setting universal service conditions under section 67 of the Communications Act 2003 (c. 21) to secure compliance with the universal service order.

Article 4 amends the Schedule to the Electronic Communications (Universal Service) Order 2003 (S.I. 2003/1904) to remove the provision which is re-implemented by this Order.

A full impact assessment of the effect that this instrument will have on the cost of business has been prepared. A copy of this document has been placed in the Library of each House of Parliament and is annexed to the Explanatory Memorandum which is available alongside this Order at www.legislation.gov.uk.