Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

22.

Emergency directions — termination of electronic communications services.

22.— (1) The Commission may, in the case of the termination of an electronic communications service affecting a substantial number of users, issue an emergency direction to an undertaking—

( a) providing wholesale access to the copper access network associated with the service, to reconnect the copper to the network in order to minimise disruption of service to those users and to provide access to emergency services,

( b) providing wholesale access to carrier pre-selection and single billing wholesale line rental in the relevant market, to reconfigure the switching in respect of the wholesale service used directly or indirectly by another undertaking providing the retail service in order to minimise disruption to those users and to provide access to emergency services, or

( c) that is directly or indirectly a wholesale provider of another undertaking that has caused the termination of the electronic communications service, whose network is necessary for the provision of an electronic communications service to users, to take whatever technical steps are required to provide a network connection in order to minimise disruption to those users and to provide access to emergency services,

without first having to consult interested parties. The first-mentioned undertaking shall comply with the emergency direction issued to it.

(2) Where an undertaking fails to comply with an emergency direction the Commission may make an application to the High Court for an order directing compliance with the emergency direction and the Court may make such order as it sees fit.

(3) In this section—

“copper access network” means the copper cables connecting a user’s premises as part of an electronic communications network to the local exchange of the undertaking that is a wholesale provider of access to that network;

“emergency direction” means a direction under subsection (1);

“termination” means where an electronic communications service ceases to be provided and will not be restored in the immediate future;

“substantial number” means 2,000 users in the case of any termination of an electronic communications service.