The General Conditions of Entitlement
Produced in partnership with Purvi Parekh of Anakiya Consulting
The General Conditions of Entitlement

The following TMT guidance note Produced in partnership with Purvi Parekh of Anakiya Consulting provides comprehensive and up to date legal information covering:

  • The General Conditions of Entitlement
  • Brexit
  • Future reform of the General Conditions
  • General Conditions and Specific Conditions
  • Terms used
  • Part A—Network functioning conditions
  • Part B—Numbering and technical conditions
  • Part C—Consumer protection

This Practice Note provides practical guidance on the General Conditions of Entitlement (the General Conditions) published by Ofcom. The General Conditions comprise general regulatory rules made by Ofcom which govern the provision of electronic communications networks (ECNs) and electronic communications services (ECSs). This Practice Note covers the following:

  1. Brexit

  2. Future reform of the General Conditions

  3. General Conditions and Specific Conditions

  4. Terms used

  5. Part A—Network functioning conditions

  6. Part B—Numbering and technical conditions

  7. Part C—Consumer protection

Brexit

On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law.

While the General Conditions are derived from principles established by European directives (discussed later in this Practice Note), as they are rules made by Ofcom, they will not be directly affected by the implementation period coming to an end. However, they are likely to be reformed on the assumption that Directive (EU) 2018/1972 (the European Electronic Communications Code) is transposed into UK law. In its Brexit guidance, the government has confirmed its intention to do this before the end of the implementation period. See below for further details.

Future reform of the General Conditions

The Communications Act 2003 (CA 2003) introduced a ‘general authorisation regime’ for the provision of ECNs and ECSs. Excluding wireless telegraphy, communications providers