The Electronic Communications (Universal Service) (Broadband) Order 2018

• Citation: S.I. 2018/445
• Sections: 8

Section 1 Citation and commencement

This Order may be cited as the Electronic Communications (Universal Service) (Broadband) Order 2018 and comes into force on 23rd April 2018.

Section 2 Broadband universal service

Schedule 1 sets out the broadband connections and services that must be provided throughout the United Kingdom.

Section 3 Guidance about matters relating to broadband universal service

Schedule 2 sets out guidance about matters relating to the broadband connections and services that must be provided.

Section 4 Amendment of the Electronic Communications (Universal Service) Order 2003

(1) The Schedule to the Electronic Communications (Universal Service) Order 2003 is amended as follows.

(2) In paragraph 1 (publicly available telephone services), in sub-paragraph (2) for the words “, facsimile” to the end substitute “and facsimile”.

Section 1 Broadband universal service: specification

Subject to paragraph 2, affordable broadband connections and services must be provided throughout the United Kingdom with all the following characteristics—

(a) a download sync speed of at least 10 megabits per second;

(b) an upload sync speed of at least 1 megabit per second;

(c) a contention ratio of no higher than 50:1;

(d) latency which is capable of allowing the end-user to make and receive voice calls over the connection effectively;

(e) the capability to allow data usage of at least 100 gigabytes per month.

Section 2 Broadband universal service: eligibility

Paragraph 1 only applies to the extent that all the following conditions are met—

(a) the broadband connection is to a fixed location which is a residence or place of business;

(b) a prospective end-user requests that a broadband connection is provided to that location;

(c) a broadband connection and service with all the characteristics specified in paragraph 1—

(i) is not available to that location; and

(ii) will not be made available to that location through a publicly-funded intervention within the period of one year beginning with the date on which the request is made;

(d) provision of the broadband connection—

(i) will cost no more than £3,400; or

(ii) will cost more than £3,400, but any costs in excess of £3,400 will be paid by the end-user.

Section 1 Demand aggregation

In order to facilitate the effective aggregation of demand for connections, OFCOM should ensure that, in calculating the cost of providing a broadband connection to a particular location, due account is taken of the extent to which the cost may be shared between multiple locations.

Section 2 Pricing

OFCOM should ensure that any designated universal service provider is required to offer broadband connections and services at prices that are—

(a) affordable; and

(b) uniform throughout the United Kingdom, unless OFCOM have determined that there is clear justification for not doing so.