45 Fairness of bearing burden of universal service obligations

45  Fairness of bearing burden of universal service obligations

(1)     This section applies if OFCOM—

(a)     have concluded on a review under section 44 that complying with its universal service obligations imposes a financial burden on a universal service provider, and

(b)     have published that conclusion in accordance with that section.

(2)     OFCOM must determine whether they consider it is or would be unfair for the provider to bear, or to continue to bear, the whole or a part of the burden of complying with its universal service obligations.

(3)     The determination by OFCOM of—

(a)     whether it is or would be unfair for the provider to bear, or to continue to bear, that burden, or

(b)     the extent (if any) to which that is or would be unfair,

must be made in accordance with

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