{
  "url": "https://openlegislation.uk/electronic-communications-universal-service-costs-regulations-2020/regulation-5",
  "json_url": "https://openlegislation.uk/electronic-communications-universal-service-costs-regulations-2020/regulation-5.json",
  "legislation": "uksi/2020/545",
  "legislation_title": "The Electronic Communications (Universal Service) (Costs) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/electronic-communications-universal-service-costs-regulations-2020",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Matters OFCOM must have regard to and information OFCOM must take into account when determining the unfairness of any financial burden which has been determined to exist",
  "text": "(1) When determining under section 71(2) of the Act whether it is or would be unfair for the universal service provider to bear, or to continue to bear, the whole or any part of so much of the burden of complying with one or more of the universal service conditions applied to it, OFCOM must have regard to such of the matters set out in paragraph (2) as appear to OFCOM to be appropriate in that particular case.\n(2) The matters are—\n(a) the extent to which the universal service provider is subject to competition in relevant markets;\n(b) the extent to which the universal service provider is constrained by regulation in relevant markets;\n(c) the type and nature of the particular designation procedure set out in regulations made under section 66(1) of the Act which has been used for the designation of that universal service provider, including whether or not a competitive procedure has been used;\n(d) the likely costs to OFCOM and other persons associated with establishing and operating a fund under these Regulations;\n(e) any previous determinations under section 71(2) of the Act relating to the burden of complying with universal service conditions relating to the same universal service; and\n(f) any other matters which OFCOM consider to be relevant having regard to the facts and circumstances of the case.\n(3) OFCOM must also have regard to any explanation provided by the universal service provider as to why that provider considers that it is, or would be, unfair for it to bear, or continue to bear, the whole or part of the financial burden of complying with the relevant universal service conditions.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 15.6.2020, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/545/regulation/5",
    "retrieved_at": "2026-10-28T22:29:59.988031+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}