38 Fixing of charges
Communications Act 2003 (2003 c 21) | Legislation

Administrative charges imposed on providers

38  Fixing of charges

(1)     A person who, at any time in a charging year, is a person to whom this section applies shall—

(a)     in respect of the network, service or facility provided or made available by him,

(b)     in respect of the application to him of a universal service condition relating to matters mentioned in section 66(3),

(c)     in respect of the application to him of an SMP apparatus condition, or

(d)     in respect of the application of the electronic communications code in his case,

pay to OFCOM the administrative charge (if any) that is fixed by them for the case that is applicable to him.

(2)     This section applies to a person at a time if, at that time, he is—

(a)     providing an electronic communications network of a description which is, at that time, designated for the purposes of this section;

(b)     providing an electronic communications service of a description which is, at that time, so designated;

(c)     making available an associated facility of a description which is, at that time, so designated;

(d)     a person who without being a communications provider is designated in accordance with regulations under section

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