The Electronic Communications (Universal Service) (Broadband) Regulations 2018 SI 2018/1031 have been made on 26 November 2018 and take effect on 4 December 2018. The Regulations are made under section 66 of the Communications Act 2003.
The Regulations set out the process by which OFCOM shall designate the persons to whom broadband universal service conditions are to be applicable.
Regulation 3 provides for the procedure that OFCOM will adopt to propose and confirm the designation of a person as a universal service provider. Regulation 3(2) provides for certain information that OFCOM must provide in its proposals for designation. Regulation 3(3) provides for the timeframe in which to make representations on the proposed designation. Regulations 3(5) and 3(6) provide for what OFCOM must do in light of such representations. Regulation 3(7) provide for OFCOM to confirm the designation.
Regulation 4 sets out what OFCOM must do in reviewing such designation from time to time.
The universal service ensures that basic services are available to all fixed line customers. Such an obligation is now being introduced for broadband customers too. It gives eligible homes and businesses the right to request a decent broadband connection, which means access to speeds of at least 10Mbps by 2020.
