Communications Act 2003

67Subject-matter of universal service conditionsU.K.

(1)OFCOM may set any such universal service conditions as they consider appropriate for securing compliance with the obligations set out in the universal service order.

[F1(1A)OFCOM may also set universal service conditions which apply to a designated universal service provider who proposes to make a disposal to another person of a substantial part or all of the designated universal service provider’s local access network assets.

(1B)But subsection (1A) does not apply where the disposal is made by a company to a connected company (within the meaning given by section 1122(2) of the Corporation Tax Act 2010).]

(2)Universal service conditions applied to a person must include a condition requiring him to publish information about his performance in complying with the universal service conditions that apply to him.

(3)A condition set in accordance with subsection (2) must contain provision which—

(a)requires information published in accordance with it to be updated from time to time and published again; [F2and]

(b)requires information so published to satisfy the requirements that OFCOM consider appropriate for securing that it is adequate;F3...

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(3A)A condition set in accordance with that subsection may require the information published in accordance with it to be framed by reference to such international standards specified in the condition as OFCOM consider appropriate.]

(4)A condition set in accordance with that subsection may impose requirements as to—

(a)the times at which information published in accordance with it is to be published; and

(b)the manner in which that information is to be published.

(5)Universal service conditions may impose an obligation on a person to whom they apply to do one or both of the following, if required to do so by OFCOM—

(a)to make facilities available for enabling information published in pursuance of a condition applied to that person under subsection (2) to be independently audited;

(b)to meet the costs of any independent auditing of that information that is required by OFCOM.

(6)The reference in subsection (5) to the independent auditing of information is a reference to its being audited by a qualified auditor—

(a)for accuracy; and

(b)for its usefulness in the making of comparisons with information published by other designated universal service providers.

(7)Universal service conditions may impose performance targets on designated universal service providers with respect to any of the matters in relation to which obligations may be imposed by such conditions.

(8)In setting a universal service condition, OFCOM must have regard to any guidance F5... that is contained in the universal service order.

(9)[F6In this section “qualified auditor” means a person who—

(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, and

(b)if the appointment to carry out such auditing as is mentioned in subsection (5) were an appointment as a statutory auditor, would not be prohibited from acting by section 1214 of that Act (independence requirement).]