Legalize / United Kingdom / Public General Act

Communications Act 2003

Type Public General Act

Publication 2003-07-17

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(b) encouraging innovation in the means by which relevant media content is broadcast or distributed, and

(6) In this section—

“participate in” includes invest in or otherwise procure;

“relevant media content” means material, other than advertisements, which is included in any of the following services that are available to members of the public in all or part of the United Kingdom—television programme services, additional television services or digital additional television services,on-demand programme services, orother services provided by means of the internet where there is a person who exercises editorial control over the material included in the service;

and a film is a “third party film” if C4C did not participate in making it.

(7) The services that are to be taken for the purposes of this section to be available to members of the public include any service which—

(a) is available for reception by members of the public (within the meaning of section 361); or

(b) is available for use by members of the public (within the meaning of section 368R(4)).

198B

(1) C4C must prepare a statement of media content policy—

(a) at the same time as they prepare the first statement of programme policy that is prepared under section 266 after this section comes into force, and

(b) subsequently at annual intervals.

(1A) C4C must prepare a statement of commissioning policy at the same time as they prepare a statement of media content policy.

(2) C4C must monitor their performance in carrying out the proposals contained in their statements of media content policy or commissioning policy.

(3) A statement of media content policy must—

(a) set out C4C's proposals for securing that, during the following year, they will discharge their duties under section 198A, and

(b) include a report on their performance in carrying out the proposals contained in the previous statement.

(3A) A statement of commissioning policy must—

(a) set out C4C’s proposals for securing that, during the following year, they will discharge their duties under section 198AA, and

(b) include a report on their performance in carrying out the proposals contained in the previous statement.

(4) In preparing a statement of media content policy or commissioning policy, C4C must—

(a) have regard to guidance given by OFCOM, and

(b) consult OFCOM.

(5) C4C must publish each statement of media content policy or commissioning policy—

(a) as soon as practicable after its preparation is complete, and

(b) in such manner as they consider appropriate, having regard to any guidance given by OFCOM.

(6) OFCOM must—

(a) from time to time review the guidance for the time being in force for the purposes of this section, and

(b) revise that guidance as they think fit.

European Commission’s powers in respect of proposals

198C

(1) For each relevant period, OFCOM must—

(a) carry out a review of the extent to which C4C have discharged their duties under section sections 198A and 198AA, and

(b) prepare a report on the matters found on the review.

(2) OFCOM must publish each report under this section—

(a) as soon as practicable after its preparation is complete, and

(b) in such manner as they consider appropriate.

(3) “Relevant period” means each period selected by OFCOM for the purposes of section 264(1)(b) that ends after this section comes into force.

198D

(1) This section applies if OFCOM—

(a) are of the opinion that C4C have failed to perform one or more of their duties under section 198A , 198AA or section 198B(1), (1A), (3), (3A) or (5),

(b) are of the opinion that the failure is serious and is not excused by economic or market conditions, and

(2) In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to—

(a) C4C's statements of media content policy or (as the case may be) commissioning policy,

(b) C4C's effectiveness and efficiency in monitoring their own performance, and

(c) general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).

(3) OFCOM may give directions to C4C to do one or both of the following—

(a) to revise the latest statement of media content policy or (as the case may be) commissioning policy in accordance with the direction;

(b) to take such steps for remedying the failure as OFCOM specify in the direction.

(4) A direction given under this section must set out—

(a) a reasonable timetable for complying with it, and

(b) the factors that OFCOM will take into account in determining whether or not a failure has been remedied.

(5) OFCOM must consult C4C before giving a direction under this section.

Conditions about carrier selection and pre-selection

216A

(1) This section applies if OFCOM decide under section 216(4) to renew a licence to provide a Channel 3 service.

(2) The area determined under section 216(4A)(a) for the licence—

(a) must include all or part of the area to which the licence being renewed currently relates, and

(b) may include all or part of another area if the holder of the licence to provide a Channel 3 service for the other area gives (and does not withdraw) consent before the determination is made.

218A

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Obligation to notify OFCOM of voluntary separation

Comparative overviews of quality and prices

Information required for purposes of certain OFCOM functions

Composition of Competition Commission for price control references

264A

(1) When carrying out a review under section 264 for a period, OFCOM must also carry out a review of the extent to which material included in media services during that period (taken together over the period as a whole) contributed towards the fulfilment of the public service requirements.

(2) Every report under section 264 must—

(a) include a report on the matters found on the review under this section,

(b) specify, and comment on, whatever changes appear to OFCOM to have occurred, during the period to which the report relates, in the extent to which the public service requirements have been fulfilled,

(c) specify, and comment on, whatever changes appear to OFCOM to have occurred, during that period, in the manner in which those requirements are fulfilled, and

(d) set out OFCOM's conclusions on the current state of material included in media services.

(3) “The public service requirements” are the requirements set out in paragraphs (a) to (d) of section 264(5), as modified by subsection (4).

(4) Section 264(5) has effect for the purposes of subsection (3) as if references to audiovisual content made available by the public service broadcasters, or to programmes included in that content, were references to material included in media services.

(5) In this section—

“material” does not include advertisements;

“media services” means any of the following services that are available to members of the public in all or part of the United Kingdom—television and radio services,on-demand programme services, non-UK on-demand programme services, andother services provided by means of the internet where there is a person who exercises editorial control over the material included in the service.

(6) The services that are to be taken for the purposes of this section to be available to members of the public include any service which—

(a) is available for reception by members of the public (within the meaning of section 361); or

(b) is available for use by members of the public (within the meaning of section 368R(4)).

271A

(1) This section applies if OFCOM are satisfied—

(a) that C4C have failed to comply with a direction under section 198D in respect of a failure to perform one or more of their duties under section 198A or 198AA,

(b) that C4C are still failing to perform that duty or those duties, and

(c) that it would be both reasonable and proportionate to the seriousness of the failure to vary the licence under which Channel 4 is licensed (“the Channel 4 licence”) in accordance with this section.

(2) OFCOM may, by notice to C4C, vary the Channel 4 licence by adding such conditions, or making such modifications of conditions, as OFCOM consider appropriate for remedying (entirely or partly) C4C's failure to perform the duty or duties under section 198A or 198AA.

(3) If, at any time following such a variation, OFCOM consider that any of the additional conditions or modifications is no longer necessary, they may again vary the licence with effect from such time as they may determine.

(4) OFCOM must consult C4C before exercising their power under this section to vary the Channel 4 licence.

Other Functions of C4C

Resolution of referred disputes

Delegation of provision of public teletext service

Regulated electronic programme guides

OFCOM reports on C4C's media content duties

Removal of members of C4C

Definition of simulcast radio services

Renewal of Channel 3 licences: determination of licence areas

Promotion of simulcast radio services

Recovery of fees and penalties

Advance notification to appropriate regulatory authority

OFCOM’s functions under the Competition Act 1998

Meaning of “available for reception by members of the public”

9A

A decision relating to any of sections 124A to 124N or to anything done under them.

4A

(1) This section applies to the following functions of OFCOM—

(a) their functions under Chapter 1 of Part 2;

(b) their functions under the enactments relating to the management of the radio spectrum;

(d) their functions under sections 24 and 25 so far as they relate to information required for purposes connected with matters in relation to which functions specified in this subsection are conferred on OFCOM; and

(e) their functions under section 26 so far as they are carried out for the purpose of making information available to persons mentioned in subsection (2)(a) to (c) of that section.

(2) In carrying out those functions, OFCOM may take account of recommendations issued by the European Commission under Article 19(1) of the Framework Directive or Article 38(1) of the EECC Directive (including recommendations issued before the coming into force of this section or after IP completion day) if the recommendations appear to OFCOM to be relevant to those functions.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35A

(1) This section applies where a person is given a notification under section 35 which specifies a proposed penalty.

(2) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

(3) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

(4) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a) the giving of a confirmation decision under section 36(4)(c) which requires immediate action; or

(b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(5) The amount of a penalty under subsection (4) is to be such amount not exceeding £100 per day as OFCOM determine to be—

(a) appropriate; and

(b) proportionate to the contravention in respect of which it is imposed.

(6) The amount of any other penalty specified in a notification under section 35 is to be such amount not exceeding £10,000 as OFCOM determine to be—

(a) appropriate, and

(b) proportionate to the contravention in respect of which it is imposed.

(7) The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (6).

(8) No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

48A

(1) This section applies where OFCOM propose to set, modify or revoke—

(a) SMP apparatus conditions; or

(b) any other conditions set under section 45 where what is proposed would, in OFCOM’s opinion, have a significant impact on a market for any of the services, facilities, apparatus or directories in relation to which they have functions under this Chapter.

(2) But this section does not apply where ... in OFCOM’s opinion—

(a) there are exceptional circumstances; and

(b) there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.

(2A) This section also does not apply to the proposed setting, modification or revocation of a social tariff condition.

(3) OFCOM must publish a notification—

(a) stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;

(b) setting out the effect of those conditions, modifications or revocations;

(d) specifying the period within which representations may be made to OFCOM about their proposal.

(4) That period must end no less than 30 days after the day of the publication of the notification.

(5) But where OFCOM are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period OFCOM consider reasonable in those circumstances.

(6) OFCOM must—

(a) consider every representation about the proposal made to them during the period specified in the notification; and

(b) have regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.

(7) ... OFCOM may then give effect to the proposal, with any modifications that appear to OFCOM to be appropriate.

48B

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48C

(1) OFCOM must send to the Secretary of State a copy of every notification published under section 48(1) or 48A(3).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49A

(1) This section applies where the responsible person is proposing to give, modify or withdraw a direction, approval or consent for the purposes of—

(a) an SMP apparatus condition; or

(b) any other condition set under section 45 where what is proposed would, in OFCOM’s opinion, have a significant impact on a market for any of the services, facilities, apparatus or directories in relation to which they have functions under this Chapter.

(2) But this section does not apply where ... in OFCOM’s opinion—

(a) there are exceptional circumstances; and

(b) there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.

(3) The responsible person must publish a notification—

(a) stating that there is a proposal to give, modify or withdraw the direction, approval or consent;

(b) identifying the responsible person;

(d) setting out the effect of the direction, approval or consent or of its proposed modification or withdrawal;

(e) giving reasons for the making of the proposal; and

(f) specifying the period within which representations may be made about the proposal to the responsible person.

(4) That period must be one ending not less than 30 days after the day of the publication of the notification.

(5) But where the responsible person is satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period that person considers reasonable in those circumstances.

(6) The responsible person must—

(a) consider every representation about the proposal made to that person during the period specified in the notification; and

(b) have regard to every international obligation of the United Kingdom (if any) which has been notified to OFCOM for the purposes of this paragraph by the Secretary of State.

(7) ... The responsible person may then give effect to the proposal, with any modifications that appear to that person to be appropriate.

(8) The publication of a notification under this section must be in such manner as appears to the responsible person to be appropriate for bringing the contents of the notification to the attention of such persons as that person considers appropriate.

49B

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49C

(1) The responsible person must send to the Secretary of State—

(a) a copy of every notification published under section 49A(3);

(b) a copy of every direction, approval or consent given for the purposes of a condition set under section 45; and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In a case in which the responsible person is a person other than OFCOM, the responsible person must send to OFCOM—

(a) a copy of every notification published under section 49A(3);

(b) a copy of every direction, approval or consent given for the purposes of a condition set under section 45;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56A

(1) When OFCOM allocate telephone numbers in accordance with the National Telephone Numbering Plan, they must specify whether an allocation may be transferred from one person to another, and may set out the conditions under which the allocation may be transferred.

(2) If OFCOM allocate telephone numbers for a limited period of time, the limitation must be objectively justifiable in relation to the services to which it relates, taking account of the need to allow for an appropriate period of investment amortisation.

76A

(1) OFCOM may make available to such persons as they consider appropriate information about electronic communications apparatus that in OFCOM’s opinion is suitable for shared use.

(2) OFCOM may impose such restrictions as they consider appropriate on the use and further disclosure of information made available under this section.

80A

(1) This section applies where—

(a) OFCOM propose—

(i) to identify a market for the purposes of making a market power determination; or

(ii) to make a market power determination; and

(b) (in the case of a services market) the proposed identification or determination is in OFCOM’s opinion likely to result in the setting, modification or revocation of SMP services conditions that will have a significant impact on the market.

(2) But this section does not apply where ... in OFCOM’s opinion—

(a) there are exceptional circumstances; and

(b) there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.

(3) OFCOM must publish a notification of what they are proposing to do.

(4) Notifications for the purposes of subsection (3)—

(a) may be given separately;

(b) may be contained in a single notification relating to both the identification of a market and the making of a market power determination in relation to that market; or

(c) may be contained in a single notification under section 48A(3) with respect to the setting or modification of an SMP condition and either—

(i) the making of the market power determination by reference to which OFCOM are proposing to set or modify that condition; or

(ii) the making of that market power determination and the identification of the market in relation to which they are proposing to make that determination.

(5) A notification under this section relating to a proposal to identify a market or to make a market power determination must—

(a) state that OFCOM are proposing to identify that market or to make that market power determination;

(b) set out the effect of the proposal;

(d) specify the period within which representations may be made to OFCOM about their proposal.

(6) That period must be a period of not less than 30 days after the day of the publication of the notification.

(7) But where OFCOM are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period OFCOM considers reasonable in those circumstances.

(8) The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the matters notified.

(9) OFCOM must—

(a) consider every representation about the proposal made to them during the period specified in the notification; and

(b) have regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.

(10) ... OFCOM may then give effect to the proposal, with any modifications that appear to OFCOM to be appropriate.

EU consultation for market identifications and market power determinations

80B

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84A

(1) This section makes provision about the exercise by OFCOM of their powers—

(a) to identify and analyse services markets;

(b) to make and review market power determinations in respect of such markets; and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, following the identification and analysis of a services market, OFCOM have made a market power determination in relation to it, they must ensure that within the specified period they have—

(a) carried out a further analysis of the market and reviewed the identification and determination made on the basis of the earlier analysis; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subsection (3) applies only where the market power determination was made after 25 May 2011.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (3), “the specified period” means the period of 5 years from the publication under section 79(4) of the notification of the market power determination made on the basis of the earlier analysis, but this is subject to subsection (8).

(8) If, in relation to an analysis and review that would otherwise be required within the period mentioned in subsection (7), OFCOM are of the opinion that exceptionally a longer period is justified, OFCOM may, by publishing a statement of the reasons for their opinion, extend the specified period by up to one additional year.

89A

(1) This section applies where—

(a) OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market;

(b) that person is the provider of a public electronic communications network or a person who makes available facilities that are associated facilities by reference to such a network;

(c) it appears to OFCOM that the setting of conditions applying to the dominant provider under section 87 (and, where OFCOM think it appropriate, section 88) has failed to address competition problems identified by OFCOM in carrying out a market analysis for the purpose of setting or modifying those conditions; and

(d) OFCOM have identified important and persisting competition problems or market failures in relation to the provision of network access.

(2) OFCOM may set an SMP services condition (referred to in this section and section 89B as a “functional separation condition”) requiring the dominant provider to transfer activities relating to the provision of network access to an independently operating business entity which is a part of the dominant provider.

(3) Where a functional separation condition is imposed on the dominant provider, the products or services specified in the condition must be given to the dominant provider and to other persons—

(a) on the same timescales, terms and conditions, including those relating to price and service levels, and

(b) by means of the same systems and processes.

(4) A functional separation condition must, where relevant, specify—

(a) the precise nature and level of separation, specifying in particular the legal status of the entity to which activities are transferred;

(b) an identification of the assets of that entity and the products or services to be supplied by it;

(c) the governance arrangements (including incentive structures) to ensure the independence of the staff employed in that entity;

(d) rules for ensuring compliance with the obligations imposed by the condition;

(e) rules for ensuring transparency of operational procedures, in particular towards persons, other than the dominant provider, who in OFCOM’s opinion are likely to be affected by the condition; and

(f) a monitoring programme to ensure compliance, including a requirement for the publication of an annual report.

Enforcement notification for contravention of conditions

89B

(1) This section applies where OFCOM propose to apply a functional separation condition to a person.

(2) OFCOM must consider the expected impact of the condition on—

(a) OFCOM;

(b) the person on whom the condition is to be imposed;

(d) the electronic communications sector as a whole;

(e) incentives to invest in the electronic communications sector, particularly with regard to the need to ensure social and territorial cohesion;

(f) competition in the services market affected by the condition; and

(g) other persons who in OFCOM's opinion are likely to be affected by the condition, including, in particular, consumers.

(3) OFCOM must also consider—

(a) evidence relevant to the conclusions mentioned in section 89A(1)(c) and (d);

(b) whether there is little or no prospect of effective and sustainable infrastructure based competition within a reasonable timeframe;

(c) whether a functional separation condition would be the most effective means of addressing important and persisting competition problems or market failures identified by OFCOM; and

(d) the impact that the obligations contained in the condition are likely to have on SMP services conditions set in relation to the services markets which, in OFCOM's opinion, will be affected by the proposed condition.

89C

(1) This section applies where—

(a) OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market;

(b) the dominant provider is the provider of a public electronic communications network or a person who makes associated facilities available; and

(c) the dominant provider decides to transfer a substantial part or all of the dominant provider’s local access network assets to an independently operating business entity (which may be a part of the dominant provider or another person) for the purpose specified in subsection (2).

(2) That purpose is to use the assets to provide products or services to the dominant provider and to other persons—

(a) on the same timescales, terms and conditions, including those relating to price and service levels; and

(b) by means of the same systems and processes.

(3) The dominant provider must notify OFCOM of—

(a) the decision to transfer the assets;

(b) any changes to its intentions; and

(4) Where OFCOM receive a notification under this section, they must, as soon as reasonably practicable, consider the impact that the transfer is likely to have on SMP services conditions set in relation to the services markets which, in OFCOM’s opinion, will be affected by the proposed transfer.

96A

(1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a condition (other than an SMP apparatus condition) set under section 45, they may give that person a notification under this section.

(2) A notification under this section is one which—

(a) sets out the determination made by OFCOM;

(b) specifies the condition and contravention in respect of which that determination has been made;

(d) specifies the steps that OFCOM think should be taken by the person in order to—

(i) comply with the condition;

(ii) remedy the consequences of the contravention;

(e) specifies any penalty which OFCOM are minded to impose in accordance with section 96B;

(f) where the contravention is serious, specifies any direction which OFCOM are minded to give under section 100; and

(g) where the contravention relates to a condition set under sections 87 to 91, specifies any direction which OFCOM are minded to give under section 100A.

(3) A notification under this section—

(a) may be given in respect of more than one contravention; and

(b) if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

(4) Where a notification under this section has been given to a person in respect of a contravention of a condition, OFCOM may give a further notification in respect of the same contravention of that condition if, and only if—

(a) the contravention is one occurring after the time of the giving of the earlier notification;

(b) the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

(c) the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

(5) Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.

(6) OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.

(7) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

(8) This section applies in relation to a commitment that is made binding by a commitments decision as it applies in relation to a condition (other than an SMP apparatus condition) set under section 45.

96B

(1) This section applies where a person is given a notification under section 96A which specifies a proposed penalty.

(2) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

(3) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

(4) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a) the giving of a confirmation decision under section 96C(4)(c) which requires immediate action; or

(b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(5) The amount of a penalty under subsection (4) is to be such amount not exceeding £20,000 per day as OFCOM determine to be—

(a) appropriate; and

(b) proportionate to the contravention in respect of which it is imposed.

96C

(1) This section applies where—

(a) a person has been given a notification under section 96A;

(b) OFCOM have allowed the person an opportunity to make representations about the matters notified; and

(2) OFCOM may—

(a) give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the giving of a direction to the person, or both, in accordance with the notification under section 96A; or

(b) inform the person that they are satisfied with the person’s representations and that no further action will be taken.

(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a condition or commitment specified in the notification under section 96A.

(4) A confirmation decision—

(a) must be given to the person without delay;

(b) must include reasons for the decision;

(c) may require immediate action by the person to comply with requirements of a kind mentioned in section 96A(2)(d), or may specify a period within which the person must comply with those requirements; and

(d) may require the person to pay—

(i) the penalty specified in the notification under section 96A, or

(ii) such lesser penalty as OFCOM consider appropriate in the light of the person’s representations or steps taken by the person to comply with the condition or commitment or to remedy the consequences of the contravention, and

may specify the period within which the penalty is to be paid.

(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.

(6) That duty is enforceable in civil proceedings by OFCOM—

(a) for an injunction;

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(7) A penalty imposed by a confirmation decision—

(a) must be paid to OFCOM; and

(b) if not paid within the period specified by them, is to be recoverable by them accordingly.

Power to deal with urgent cases

Confirmation of direction under section 111A

100A

(1) OFCOM may give a direction under this section to a person who provides a public electronic communications network, or a person who makes available facilities that are associated facilities by reference to such a network, if OFCOM are satisfied that—

(a) the person is or has been in contravention of conditions set under sections 87 to 91 or of commitments that are made binding by a commitments decision; and

(b) the provision of an electronic communications service by the person on that public electronic communications network could result in significant harm to competition.

(2) A direction under this section is given where OFCOM give a confirmation decision under section 96C to the person in respect of a direction proposed in a notification under section 96A.

(3) A direction under this section is—

(a) a direction that the entitlement of the person to provide an electronic communications service over the public electronic communications network to which the contravened condition or commitment relates is suspended (either generally or in relation to particular services); or

(b) a direction that the person may not begin to provide an electronic communications service over the public electronic communications network to which the contravened provision relates.

(4) A direction under this section—

(a) must specify the electronic communications services to which it relates, and

(b) takes effect for an indefinite period beginning with the time at which a confirmation decision relating to the direction is given to the person under section 96C.

(5) A direction under this section—

(a) may provide for a suspension or prohibition to take effect only at a time determined by or in accordance with the terms of the direction; and

(b) in connection with a suspension or prohibition contained in the direction or with the postponement of its effect, may impose such conditions on the person to whom it is given as appear to OFCOM to be appropriate for the purpose of protecting that person’s customers.

(6) Those conditions may include a condition requiring the making of payments—

(a) by way of compensation for loss or damage suffered by the person’s customers as a result of the direction; or

(b) in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.

(7) If OFCOM consider it appropriate to do so (whether or not in consequence of representations or proposals made to them), they may revoke a direction under this section or modify its conditions—

(a) with effect from such time as they may direct;

(b) subject to compliance with such requirements as they may specify; and

Security of public electronic communications networks and services

105A

(1) The provider of a public electronic communications network or a public electronic communications service must take such measures as are appropriate and proportionate for the purposes of—

(a) identifying the risks of security compromises occurring;

(b) reducing the risks of security compromises occurring; and

(2) In this Chapter “security compromise”, in relation to a public electronic communications network or a public electronic communications service, means—

(a) anything that compromises the availability, performance or functionality of the network or service;

(b) any unauthorised access to, interference with or exploitation of the network or service or anything that enables such access, interference or exploitation;

(d) anything that causes signals conveyed by means of the network or service to be—

(i) lost;

(ii) unintentionally altered; or

(iii) altered otherwise than by or with the permission of the provider of the network or service;

(e) anything that occurs in connection with the network or service and compromises the confidentiality of any data stored by electronic means;

(f) anything that occurs in connection with the network or service and causes any data stored by electronic means to be—

(i) lost;

(ii) unintentionally altered; or

(iii) altered otherwise than by or with the permission of the person holding the data; or

(g) anything that occurs in connection with the network or service and causes a connected security compromise.

(3) But in this Chapter “security compromise” does not include anything that occurs as a result of conduct that—

(a) is required or authorised by or under an enactment mentioned in subsection (4);

(b) is undertaken for the purpose of providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in subsection (4);

(c) is undertaken for the purpose of providing a person with assistance in exercising any power conferred by or under prison rules; or

(d) is undertaken for the purpose of providing assistance to a constable or a member of a service police force (acting in either case in that capacity).

(4) The enactments are—

(a) the Investigatory Powers Act 2016;

(b) Part 1 of the Crime and Courts Act 2013;

(d) the Regulation of Investigatory Powers Act 2000;

(e) the Regulation of Investigatory Powers (Scotland) Act 2000;

(f) the Intelligence Services Act 1994;

(g) any other enactment (whenever passed or made) so far as it—

(i) makes provision which is in the interests of national security;

(ii) has effect for the purpose of preventing or detecting crime or of preventing disorder; or

(iii) makes provision which is in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security.

(5) In this section—

“connected security compromise” means—in relation to a public electronic communications network, a security compromise that occurs in relation to another public electronic communications network or a public electronic communications service;in relation to a public electronic communications service, a security compromise that occurs in relation to a public electronic communications network or another public electronic communications service;

“crime” and “detecting crime” have the same meanings as in the Investigatory Powers Act 2016;

“prison rules” means any rules made under—section 47 of the Prison Act 1952;section 39 of the Prisons (Scotland) Act 1989; orsection 13 of the Prison Act (Northern Ireland) 1953;

“service police force” means—the Royal Navy Police;the Royal Military Police; orthe Royal Air Force Police;

“signal” has the same meaning as in section 32.

105B

(1) The Secretary of State may by regulations provide that the provider of a public electronic communications network or a public electronic communications service must take specified measures or measures of a specified description.

(2) A measure or description of measure may be specified only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for a purpose mentioned in section 105A(1).

(3) In this section “specified” means specified in the regulations.

(4) Nothing in this section or regulations under it affects the duty imposed by section 105A.

105C

(1) This section applies where a security compromise occurs in relation to a public electronic communications network or a public electronic communications service.

(2) The provider of the network or service must take such measures as are appropriate and proportionate for the purpose of preventing adverse effects (on the network or service or otherwise) arising from the security compromise.

(3) If the security compromise has an adverse effect on the network or service, the provider of the network or service must take such measures as are appropriate and proportionate for the purpose of remedying or mitigating that adverse effect.

105D

(1) The Secretary of State may by regulations provide that, where a security compromise of a specified description occurs in relation to a public electronic communications network or a public electronic communications service, the provider of the network or service must take specified measures or measures of a specified description.

(2) A measure or description of measure may be specified under subsection (1) only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for the purpose of preventing adverse effects (on the network or service or otherwise) arising from a security compromise of the specified description.

(3) The Secretary of State may by regulations provide that, where a security compromise occurs in relation to a public electronic communications network or a public electronic communications service and has an adverse effect of a specified description on the network or service, the provider of the network or service must take specified measures or measures of a specified description.

(4) A measure or description of measure may be specified under subsection (3) only if the Secretary of State considers that taking that measure or a measure of that description would be appropriate and proportionate for the purpose of remedying or mitigating an adverse effect of the specified description.

(5) In this section “specified” means specified in the regulations.

(6) Nothing in this section or regulations under it affects the duty imposed by section 105C.

110A

(1) This section applies where a person is given a notification under section 110 which specifies a proposed penalty.

(2) Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

(3) Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

(4) But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a) the giving of a confirmation decision under section 111(4)(c) which requires immediate action; or

(b) the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(5) The amount of a penalty under subsection (4) is to be such amount not exceeding £100 per day as OFCOM determine to be—

(a) appropriate; and

(b) proportionate to the contravention in respect of which it is imposed

(6) The amount of any other penalty specified in a notification under section 110 is to be such amount not exceeding £10,000 as OFCOM determine to be—

(a) appropriate, and

(b) proportionate to the contravention in respect of which it is imposed.

(7) The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (6).

(8) No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

111A

(1) This section applies where OFCOM determine—

(a) that they are entitled to give a notification under section 110 with respect to a contravention by a person (“P”) of a requirement imposed by virtue of any restrictions or conditions under section 109;

(b) that there are reasonable grounds for suspecting that the case is an urgent case; and

(2) A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—

(a) a serious threat to the safety of the public, to public health or to national security;

(b) serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or

(c) serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.

(3) OFCOM may, to the extent specified in subsection (4), give a direction suspending the application in P’s case of the electronic communications code if the electronic communications code has been applied to P by a direction under section 106.

(4) The extent of a suspension under subsection (3) must not go beyond the following applications of the code in that person’s case—

(a) its application for the purposes of electronic communications networks, or parts of such a network, which are not yet in existence at the time of the suspension;

(b) its application for the purposes of conduit systems, or parts of such systems, which are not yet in existence or not yet used for the purposes of electronic communications networks; and

(c) its application for other purposes in circumstances in which the provision of an electronic communications network, or part of such a network, would not have to cease if its application for those purposes were suspended.

(5) A direction under subsection (3), except so far as it otherwise provides, shall continue in force until such time (if any) as it is withdrawn by OFCOM.

(6) Subject to subsection (7), where the application of the electronic communications code is suspended in a person’s case, the person is not entitled to exercise any right conferred by or by virtue of the code.

(7) The suspension of the application of the electronic communications code in a person’s case does not, except so far as otherwise provided by a scheme contained in an order under section 117—

(a) affect (as between the original parties to it) any agreement entered into for the purposes of the code or any agreement having effect in accordance with it;

(b) affect anything done under the code before the suspension of its application; or

(c) require the removal of, or prohibit the use of, any apparatus lawfully installed on, in or over any premises before that suspension.

111B

(1) As soon as reasonably practicable after giving a direction under section 111A(3), OFCOM must give the person to whom it is given—

(a) an opportunity to make representations to them about the grounds on which it was given and its effect; and

(b) an opportunity to propose steps to remedy the situation.

(2) As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—

(a) whether the contravention providing the grounds for the giving of the direction did occur; and

(b) whether the circumstances made it an urgent case justifying the giving of the direction.

(3) The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if OFCOM—

(a) require additional time to consider representations received; or

(b) decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).

(4) If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

(5) If not, they must exercise their power to revoke it.

(6) As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.

120A

(1) The way in which conditions are to be set or modified under section 120 is by the publication of a notification setting out the conditions or modifications.

(2) The way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.

(3) Before setting such conditions, or modifying or revoking a condition so set, OFCOM must publish a notification—

(a) stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;

(b) setting out the effect of those conditions, modifications or revocations;

(d) specifying the period within which representations may be made to OFCOM about their proposal.

(3) That period must end no less than one month after the day of the publication of the notification.

(4) But where OFCOM are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period OFCOM consider reasonable in those circumstances.

(5) OFCOM may give effect to the proposal, with any modifications that appear to OFCOM to be appropriate, after—

(a) considering every representation about the proposal made to them during the period specified in the notification; and

(b) having regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.

(6) The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by its contents.

(7) OFCOM must send a copy of every notification published under this section to the Secretary of State.

Penalties for contravention of conditions

Procedure for directions under ss. 100 and 101

Confirmation of direction under section 111A

Section 137A: confidential matters

139A

(1) This section applies where—

(a) a person has been given a notification under section 138;

(b) OFCOM have allowed the person an opportunity to make representations about the matters notified; and

(2) OFCOM may—

(a) give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the giving of a direction to the person, or both, in accordance with the notification under section 138; or

(b) inform the person that they are satisfied with the person’s representations and that no further action will be taken.

(3) OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has, in one or more of the respects notified, been in contravention of a requirement notified under section 138.

(4) A confirmation decision—

(a) must be given to the person without delay;

(b) must include reasons for the decision;

(c) may require immediate action by the person to comply with a requirement notified under section 138(2)(d), or may specify a period within which the person must comply with the requirement; and

(d) may require the person to pay—

(i) the penalty specified in the notification under section 138, or

(ii) such lesser penalty as OFCOM consider appropriate in the light of the person’s representations or steps taken by the person to comply with the condition or remedy the consequences of the contravention,

and may specify the period within which the penalty is to be paid.

(5) It is the duty of the person to comply with any requirement imposed by a confirmation decision.

(6) That duty is enforceable in civil proceedings by OFCOM—

(a) for an injunction;

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(7) A penalty imposed by a confirmation decision—

(a) must be paid to OFCOM; and

(b) if not paid within the period specified by them, is to be recoverable by them accordingly.

139B

(1) This section applies where OFCOM determine—

(a) that they are entitled to give a notification under section 138 with respect to a contravention by a person (“P”) of a requirement imposed under section 135 or 136;

(b) that there are reasonable grounds for suspecting that the case is an urgent case; and

(2) A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—

(a) a serious threat to the safety of the public, to public health or to national security;

(b) serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or

(c) serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.

(3) OFCOM may give P a direction—

(a) that the entitlement of P to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); or

(b) that that entitlement is restricted in the respects set out in the direction.

(4) Subsections (3) to (6) of section 140 apply in relation to a direction under subsection (3) as they apply in relation to a direction under section 140.

139C

(1) As soon as reasonably practicable after giving a direction under section 139B(3), OFCOM must give the person to whom it is given—

(a) an opportunity to make representations to them about the grounds on which it was given and its effect; and

(b) an opportunity to propose steps to remedy the situation.

(2) As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—

(a) whether the contravention providing the grounds for the giving of the direction did occur; and

(b) whether the circumstances made it an urgent case justifying the giving of the direction.

(3) The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if OFCOM—

(a) require additional time to consider representations received; or

(b) decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).

(4) If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

(5) If not, they must exercise their power to revoke it.

(6) As soon as reasonably practicable after deciding whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.

146A

(1) Any person has a right to use, free of charge, information published by a communications provider if the use is for the purpose specified in subsection (2).

(2) That purpose is to sell or make available an interactive guide or other technique for evaluating the cost of alternative usage patterns in relation to electronic communications services.

150A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

185A

OFCOM may invite any one or more of the parties to a dispute falling within section 185(1) to refer the dispute to OFCOM under section 185(3).

Local digital television services

Renewal of local licences

Promotion of simulcast radio services

Community radio

Must-offer obligations in relation to networks

Securing reception of must-provide services in certain areas

Appointed news providers for Channel 3

Categorisation of listed events

Renewal of radio multiplex licences

Procedure for resolving disputes

Application of the Competition Act 1998 to news provision

Maintenance of list of providers

OFCOM’s functions under the Competition Act 1998

Extension of special public interest regime for certain media mergers

Advice and information in relation to media mergers

Annual report on the Secretary of State’s functions

Repeal of existing newspaper merger regime

Adaptation of role of OFT in special public interest regime

Destination of licence fees and penalties

Adaptation of role of OFT in special public interest regime

Additional investigation and report by OFCOM: special public interest cases

Duty to publish and take account of research

Committees and other procedure of the Consumer Panel

Functional separation conditions: matters to be considered by OFCOM

Initial obligations code by OFCOM in the absence of an approved code

Power to deal with urgent cases

Extension and modification of existing licences

Digital sound services for inclusion in non-radio multiplexes

Public service remits of licensed providers

Must-offer obligations in relation to networks

Recovery of fees and penalties

Enforcement of section 368BA

Maintenance of list of providers

OFCOM’s functions under the Competition Act 1998

Public consultation in relation to media mergers

General advisory functions of OFCOM in relation to media mergers

Repeal of existing newspaper merger regime

Additional investigation and report by OFCOM

Adaptation of role of OFT in special public interest regime

Additional investigation and report by OFCOM: special public interest cases

Advice and information in relation to media mergers

Progress reports

Code by OFCOM about obligations to limit internet access

193A

(1) Where a determination is made on a price control matter referred by virtue of section 193, the CMA may make an order in respect of the costs incurred by it in connection with the reference (a “costs order”).

(2) A costs order may require the payment to the CMA of some or all of those costs by such parties to the appeal which gave rise to the reference, other than OFCOM, as the CMA considers appropriate.

(3) A costs order must—

(a) set out the total costs incurred by the CMA in connection with the reference, and

(b) specify the proportion of those costs to be paid by each party to the appeal in respect of whom the order is made.

(4) In deciding on the proportion of costs to be paid by a party to the appeal the CMA must, in particular, consider—

(a) the extent to which the determination on the reference upholds OFCOM's decision in relation to the price control matter in question,

(b) the extent to which the costs were attributable to the involvement in the appeal of the party, and

(5) A costs order—

(a) must be made as soon as reasonably practicable after the making of the determination on the reference, but

(b) does not take effect unless the Tribunal, in deciding the appeal which gave rise to the reference, decides the price control matter which is the subject of the reference in accordance with the determination of the CMA (see section 193(6)).

(6) In a case where the Tribunal decides the price control matter in question otherwise than as mentioned in subsection (5)(b), the CMA may make an order under this subsection in respect of the costs incurred by it in connection with the reference.

(7) Subsections (2) to (4) apply in relation to an order under subsection (6) as they apply in relation to an order under subsection (1); but for that purpose the reference in subsection (4)(a) to the determination on the reference is to be read as a reference to the decision of the Tribunal mentioned in subsection (6).

(8) An order under subsection (6) must be made as soon as reasonably practicable after the decision of the Tribunal mentioned in that subsection.

(9) An amount payable to the CMA by virtue of an order made under this section is recoverable summarily as a civil debt (but this does not affect any other method of recovery).

(10) The CMA must pay any sums it receives by virtue of this section into the Consolidated Fund.

(11) The functions of the CMA under this section, other than those under subsections (9) and (10), are to be carried out on behalf of the CMA by the group constituted by the chair of the CMA in relation to the reference in question.

Code relating to listed events

Grants to providers

Designation of internet programme services

Fees

Suspension or restriction of service for contraventions

Adaptation of role of OFT in special public interest regime

Public consultation in relation to media mergers

Advice and information in relation to media mergers

Adaptation of role of OFT in special public interest regime

Additional investigation and report by OFCOM

Suspension or restriction of service for inciting crime or disorder

Application of the Competition Act 1998 to news provision

Additional investigation and report by OFCOM

198ZA

(1) This section applies if—

(a) under a power conferred by virtue of section 198(2A), OFCOM require a person other than the BBC to provide information, and

(b) OFCOM determine that there are reasonable grounds to believe the person has not provided the information.

(2) OFCOM may give the person a notice which sets out the determination and specifies—

(a) what information the person must provide,

(b) the time within which the person must provide it,

(d) a period in which the person may make representations.

(3) OFCOM may impose a penalty on the person if they fail without reasonable excuse to provide the information in accordance with the notice.

(4) The penalty may include an amount for each day the person fails to provide the information after the time required by the notice.

(5) The penalty in respect of any notice—

(a) must not be more than OFCOM determine to be proportionate,

(b) must not be more than the penalty specified in the notice, and

(6) OFCOM may withdraw a notice without imposing a penalty, and that does not affect the power to issue a further notice in relation to the same information.

(7) OFCOM must publish and keep up to date a statement of their proposed approach to issuing notices and imposing and recovering penalties under this section (subject to the guidelines published under section 392).

Regulated electronic programme guides

Extension of licence periods

Information to be included in a notice under section 362AZ7

Application of the Competition Act 1998 to news provision

Annual report on the Secretary of State’s functions

Additional investigation and report by OFCOM: special public interest cases

72A

(1) The Secretary of State may direct OFCOM to review and report to the Secretary of State on any provision made, or that may be made, by the universal service order ....

(2) The Secretary of State must consult OFCOM before giving a direction under this section.

(3) The Secretary of State must publish a direction under this section.

(4) OFCOM must publish the report made by them to the Secretary of State of a review under this section.

72B

(1) The Secretary of State must give OFCOM a direction under section 72A if—

(a) the universal service order specifies a minimum download speed for broadband connections and services at a fixed location and the speed so specified is less than 30 megabits per second, and

(b) it appears to the Secretary of State, on the basis of information published by OFCOM, that broadband connections or services that provide a minimum download speed of at least 30 megabits per second are subscribed to for use in at least 75% of premises in the United Kingdom.

(2) The direction—

(a) must require OFCOM to review and report to the Secretary of State on whether it would be appropriate for the universal service order to specify a higher minimum download speed, and

(b) may also require OFCOM to review and report to the Secretary of State on any other matter falling within section 72A(1).

EU consultation for market identifications and market power determinations

134AA

(1) OFCOM may prepare reports dealing with—

(a) any of the electronic communications network matters listed in section 134B(1);

(b) any of the electronic communications services matters listed in section 134B(2).

(2) OFCOM may publish a report under this section in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.

(3) Before publishing a report under this section OFCOM must consider—

(a) whether any of the information to be contained in it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000, and

(b) if so, whether that information should be excluded from the report.

(4) This section does not affect OFCOM's duty to prepare reports under section 134A.

134AB

(1) OFCOM may publish—

(a) any relevant section 135 information, and

(b) any information derived from relevant section 135 information.

(2) Before publishing information under this section OFCOM must consider—

(a) whether any of the information that they propose to publish is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000, and

(b) if so, whether that information should be published.

(3) In this section “relevant section 135 information” means information required by OFCOM under section 135 for the purpose of preparing a report under section 134A or 134AA.

Comparative overviews

134D

(1) OFCOM may, in the interest of the end-users of public electronic communications services, carry out comparative overviews of the quality and prices of such services.

(2) OFCOM may publish a comparative overview carried out under this section in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.

137A

(1) OFCOM may require a communications provider—

(a) to publish any information held by the provider, or

(b) to provide any such information to OFCOM for publication by OFCOM.

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