Section 46: Persons to whom conditions may apply, Communications Act 2003

A condition set under section 45 is not to be applied to a person except in accordance with the following provisions of this section.

A general condition may be applied generally—

to every person providing an electronic communications network or electronic communications service; or

to every person providing such a network or service of a particular description specified in the condition.

A universal service condition, access-related condition, privileged supplier condition or SMP condition may be applied to a particular person specified in the condition.

A privileged supplier condition may also be applied generally—

to every person to whom such a condition is required to apply under section 77; or

to every such person who is of a particular description specified in the condition.

The particular person to whom a universal service condition is applied—

except in the case of a condition relating to matters mentioned in subsection (3) of section 66, must be a communications provider designated in accordance with regulations under that section; and

in that excepted case, must be a communications provider so designated or a person who is not such a provider but who is so designated for the purposes only of conditions relating to those matters.

A social tariff condition may be applied—

generally to every person providing a public electronic communications service;

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

to a particular person specified in the condition.

The particular person to whom an access-related condition is applied—

in the case of a condition falling within section 74(1), may be any person whatever;

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

a person providing a public electronic communications network; or

the owner of a line or associated facility;

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

in any other case, must be a person who provides an electronic communications network or makes associated facilities available.

The particular person to whom an SMP services condition is applied must—

be a communications provider or a person who makes associated facilities available; and

fall within subsection (8).

A person falls within this subsection if—

he is a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications networks, electronic communications services or associated facilities (a "services market"); or

it appears to OFCOM that he is a person on whom it is necessary, for the purpose of securing compliance with an international obligation of the United Kingdom, to impose a condition containing provision that corresponds to provision which, in the case of a person falling within paragraph (a), must be made (or may be made) under any of sections 87 to 89A .

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.

The particular person to whom an SMP apparatus condition is applied must be—

a person who supplies electronic communications apparatus; and

a person whom OFCOM have determined to be a person having significant market power in a specific market for electronic communications apparatus (an "apparatus market").

Section 46: Persons to whom conditions may apply

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