Change 1 Article Choose an article Title and introductory text 1 Functions and general powers of OFCOM 2 Transfer of functions of pre-commencement regulators 2A Statement of strategic priorities 2B Duties of OFCOM in relation to strategic priorities 2C Consultation and parliamentary procedure 3 General duties of OFCOM 4 Duties in relation to certain regulatory functions 4A ... European Commission recommendations for harmonisation 5 Directions in respect of networks and spectrum functions 6 Duties to review regulatory burdens 7 Duty to carry out impact assessments 8 Duty to publish and meet promptness standards 9 Secretary of State’s powers in relation to promptness standards 10 Duty to encourage availability of easily usable apparatus 11 Duties to promote media literacy 11A Regulated services: media literacy strategy and media literacy statement 12 Duty to establish and maintain Content Board 13 Functions of the Content Board 14 Consumer research 15 Duty to publish and take account of research 16 Consumer consultation 17 Membership etc. of the Consumer Panel 18 Committees and other procedure of the Consumer Panel 19 Power to amend remit of Consumer Panel 20 Advisory committees for different parts of the United Kingdom 21 Advisory committee on elderly and disabled persons 22 Representation on international and other bodies 23 Directions for international purposes in respect of broadcasting functions 24 Provision of information to the Secretary of State 24A Provision of information before publication 24B Provision of information to assist in formulation of policy 25 Information requested by EU bodies 26 Publication of information and advice for consumers etc. 27 Training and equality of opportunity 28 General power to charge for services 28A International recognition of satellite frequency assignments: power to charge fees 29 Secretary of State guarantees for OFCOM borrowing 30 Transfers of property etc. from pre-commencement regulators 31 Transitional functions and abolition of pre-commencement regulators 32 Meaning of electronic communications networks and services 32A Meaning of number-based interpersonal communications service 33 Advance notification to OFCOM 34 Designations and requirements for the purposes of s. 33 35 Notification of contraventions of s. 33 35A Penalties for contravention of section 33 36 Confirmation decision for contravention of s. 33 37 Penalties for contravention of s. 33 38 Fixing of charges 39 Supplemental provision about fixing charges 40 Notification of non-payment of charges 41 Penalties for non-payment of charges 42 Suspending service provision for non-payment 43 Enforcement of directions under s. 42 44 Duty of OFCOM to keep publicly accessible register 45 Power of OFCOM to set conditions 46 Persons to whom conditions may apply 47 Test for setting or modifying conditions 48 Procedure for setting, modifying and revoking conditions 48A Consultation for section 45 conditions 48B EU consultation for section 45 conditions 48C Delivery of copies of notifications etc. in respect of section 45 conditions 49 Directions and approvals for the purposes of a s. 45 condition 49A Consultation for directions, approvals and consents 49B EU consultation for directions, approvals and consents 49C Delivery of copies of notifications etc. in respect of directions, approvals and consents 50 Delivery of copies of notifications etc. 51 Matters to which general conditions may relate 52 Conditions relating to customer interests 53 Approval of codes of practice for the purposes of s. 52 54 Approval of dispute procedures for the purposes of s. 52 55 Orders by OFCOM in the absence of conditions under s. 52 56 The National Telephone Numbering Plan 56A Conditions for limitations on allocation of telephone numbers 57 Conditions to secure access to telephone numbers 58 Conditions about allocation and adoption of numbers 59 Telephone numbering conditions binding non-providers 60 Modification of documents referred to in numbering conditions 61 Withdrawal of telephone number allocations 62 Numbering reorganisations 63 General duty as to telephone numbering functions 64 Must-carry obligations 65 Obligations to be secured by universal service conditions 66 Designation of universal service providers 67 Subject-matter of universal service conditions 68 Tariffs etc. for universal services 69 Directories and directory enquiry facilities 70 Review of compliance costs: universal service conditions 71 Sharing of burden of universal service obligations 72 Report on sharing mechanism: universal service obligations 72A Review of universal service order 72B Broadband download speeds: duty to give direction under section 72A 72C Duty to review certain tariffs that are not universal service tariffs 72D Social tariff conditions: procedure 72E Consultation by OFCOM on proposed recommendation 72F Social tariff conditions: general 72G Review of compliance costs: social tariff conditions 72H Sharing of burden of social tariff obligations 72I Report on sharing mechanism: social tariff obligations 73 Permitted subject-matter of access-related conditions 74 Specific types of access-related conditions 74A Access-related conditions in certain cases involving use of radio spectrum 74B Review of access-related conditions 75 Conditional access systems and access to digital services 76 Modification and revocation of conditions imposed under s. 75 76A Information about electronic communications apparatus available for shared use 77 Imposition of privileged supplier conditions 78 Circumstances required for the setting of SMP conditions 79 Market power determinations 80 Proposals for identifying markets and for market power determinations 80A Consultation for market identifications and market power determinations 80B EU consultation for market identifications and market power determinations 81 Delivery of copies of notifications under sections 79 and 80A 82 European Commission’s powers in respect of proposals 83 Special rules for transnational markets 84 Review of services market identifications and determinations 84A Timing of services market identifications and determinations 85 Review of apparatus market identifications and determinations 86 Cases where review required 87 Conditions about network access etc. 88 Conditions about network access pricing etc. 89 Conditions about network access in exceptional cases 89A Functional separation 89B Functional separation conditions: matters to be considered by OFCOM 89C Obligation to notify OFCOM of voluntary separation 90 Conditions about carrier selection and pre-selection 91 Conditions about regulation of services etc. for end-users 91A SMP services conditions: wholesale-only undertakings 92 Conditions about leased lines 93 Conditions about apparatus supply 93A Notification to OFCOM of proposed commitments 93B Notification of proposed commitments relating to very high capacity network 93C Giving effect to commitments decision 93D Modification of commitments 94 Notification of contravention of SMP apparatus conditions 95 Enforcement notification for contravention of conditions 96 Penalties for contravention of conditions 96A Notification of contravention of condition other than SMP apparatus condition 96B Penalties for contravention of conditions 96C Enforcement of notification under section 96A 97 Amount of penalty under s. 96 or 96A 98 Power to deal with urgent cases 99 Confirmation of directions under s. 98 100 Suspending service provision for contraventions of conditions 100A Suspending service provision for breach of SMP services condition 101 Suspending apparatus supply for contraventions of conditions 102 Procedure for directions under ss. 100 and 101 103 Enforcement of directions under ss. 98, 100 , 100A and 101 104 Civil liability for breach of conditions or confirmation decision 105 Consideration and determination of network access questions 105A Duty to take security measures 105B Duty to take specified security measures 105C Duty to take measures in response to security compromises 105D Duty to take specified measures in response to security compromise 105E Codes of practice about security measures etc 105F Issuing codes of practice about security measures 105G Withdrawing codes of practice about security measures 105H Effects of codes of practice about security measures 105I Duty to explain failure to act in accordance with code of practice 105J Duty to inform users of risk of security compromise 105K Duty to inform OFCOM of security compromise 105L Powers of OFCOM to inform others of security compromise 105M General duty of OFCOM to ensure compliance with security duties 105N Power of OFCOM to assess compliance with security duties 105O Power of OFCOM to give assessment notices 105P Assessment notices: urgency statements 105Q Assessment notices: applications in respect of urgency statements 105R Assessment notices: information about entering premises 105S Enforcement of security duties 105T Enforcement of security duties: amount of penalties 105U Enforcement of security duties: proposal for interim steps 105V Enforcement of security duties: direction to take interim steps 105W Civil liability for breach of security duties 105X Relationship between security duties and certain other duties etc 105Y Statement of policy on ensuring compliance with security duties 105Z OFCOM reports on security 105Z1 Designated vendor directions 105Z2 Further provision about requirements 105Z3 Consultation about designated vendor directions 105Z4 Notice of designated vendor directions 105Z5 Variation and revocation of designated vendor directions 105Z6 Notice of variation and revocation of designated vendor directions 105Z7 Designated vendor directions: plans for compliance 105Z8 Designation notices 105Z9 Further provision about designation notices 105Z10 Variation and revocation of designation notices 105Z11 Laying before Parliament 105Z12 Monitoring of designated vendor directions 105Z13 Reports made under monitoring directions 105Z14 Power of OFCOM to give inspection notices 105Z15 Inspection notices: further provision 105Z16 Inspection notices: information about entering premises 105Z17 Inspection notices: enforcement of compliance 105Z18 Notification of contravention 105Z19 Amount of penalty 105Z20 Enforcement of notification 105Z21 Enforcement of penalty 105Z22 Urgent enforcement direction 105Z23 Urgent enforcement direction: confirmation 105Z24 Urgent enforcement direction: enforcement 105Z25 Requirement not to disclose 105Z26 Enforcement of requirement not to disclose 105Z27 Power of Secretary of State to require information etc 105Z28 Restrictions on imposing information requirements 105Z29 Enforcement of information requirements etc 106 Application of the electronic communications code 107 Procedure for directions applying code 108 Register of persons in whose case code applies 109 Restrictions and conditions subject to which code applies 110 Enforcement of restrictions and conditions 110A Penalties for contravention of code restrictions 111 Confirmation decision for contravention of code restrictions 111A Power to deal with urgent cases 111B Confirmation of direction under section 111A 112 Penalties for contravention of code restrictions 113 Suspension of application of code 114 Procedure for directions under s. 113 115 Modification and revocation of application of code 116 Notification of cessation by person to whom code applies 117 Transitional schemes on cessation of application of code 118 Compulsory acquisition of land etc. 119 Power to give assistance in relation to certain proceedings 120 Conditions regulating premium rate services 120A Procedure for setting, modifying and revoking premium rate services conditions 121 Approval of code for premium rate services 122 Orders by OFCOM in the absence of a code under s. 121 123 Enforcement of s. 120 conditions 124 Suspending service provision for contraventions of s. 120 conditions 124A Obligation to notify subscribers of copyright infringement reports 124B Obligation to provide copyright infringement lists to copyright owners 124C Approval of code about the initial obligations 124D Initial obligations code by OFCOM in the absence of an approved code 124E Contents of initial obligations code 124F Progress reports 124G Obligations to limit internet access: assessment and preparation 124H Obligations to limit internet access 124I Code by OFCOM about obligations to limit internet access 124J Contents of code about obligations to limit internet access 124K Subscriber appeals 124L Enforcement of obligations 124M Sharing of costs 124N Interpretation 124O Notification of failure in relation to internet domain registry 124P Appointment of manager of internet domain registry 124Q Functions of manager etc 124R Application to court to alter constitution of internet domain registry 124S Mobile phone providers' duty to enable billing limits to be applied 124T Enforcement of duty to enable billing limits to be applied 124U Rights of end-users in relation to contract termination 124V Further rights relating to bundled contracts 124W Enforcement of obligations of providers under sections 124U and 124V 125 Dishonestly obtaining electronic communications services 126 Possession or supply of apparatus etc. for contravening s. 125 127 Improper use of public electronic communications network 128 Notification of misuse of networks and services 129 Enforcement notifications for stopping persistent misuse 130 Penalties for persistent misuse 131 Statement of policy on persistent misuse 132 Powers to require suspension or restriction of a provider’s entitlement 133 Enforcement of directions under s. 132 134 Restrictions in leases and licences 134A OFCOM reports on infrastructure etc 134AA Additional OFCOM reports on infrastructure etc 134AB Publication of information required for purpose of preparing reports 134AC Use of reports 134B Networks and services matters 134C OFCOM reports on internet domain names 134D Comparative overviews of quality and prices 135 Information required for purposes of certain OFCOM functions 136 Information required for related purposes 137 Restrictions on imposing information requirements 137A Information required from communications providers 137B Section 137A: confidential matters 138 Notification of contravention of information requirements 139 Penalties for contravention of information requirements 139ZA Higher penalties for certain contraventions 139A Enforcement of notification under section 138 139B Power to deal with urgent cases 139C Confirmation of direction under section 139B 140 Suspending service provision for information contraventions 141 Suspending apparatus supply for information contraventions 142 Procedure for directions under ss. 140 and 141 143 Enforcement of directions under ss. 140 and 141 144 Offences in connection with information requirements 145 Statement of policy on information gathering 146 Provision of information by OFCOM 146A Rights of third parties to use information without charge 147 Repeal of provisions of Telecommunications Act 1984 148 Powers of local authorities in connection with networks 149 Grants by Department of Enterprise, Trade and Investment 150 Grants by district councils 150A Proposals of EU significance 151 Interpretation of Chapter 1 152 General functions of OFCOM in relation to radio spectrum 153 United Kingdom Plan for Frequency Authorisation 154 Duties of OFCOM when carrying out spectrum functions 155 Advisory service in relation to interference 156 Directions with respect to the radio spectrum 157 Procedure for directions under s. 156 158 Special duty in relation to television multiplexes 159 Grant of recognised spectrum access 160 Effect of grant of recognised spectrum access 161 Charges in respect of grants of recognised spectrum access 162 Conversion into and from wireless telegraphy licences 163 Payments for use of radio spectrum by the Crown 164 Limitations on authorised spectrum use 165 Terms etc. of wireless telegraphy licences 166 Exemption from need for wireless telegraphy licence 167 Bidding for wireless telegraphy licences 168 Spectrum trading 169 Variation and revocation of wireless telegraphy licences 170 Wireless telegraphy register 171 Information requirements in relation to wireless telegraphy licences 172 Contraventions of conditions for use of wireless telegraphy 173 Meaning of “repeated contravention” in s. 172 174 Procedure for prosecutions of wireless telegraphy offences 175 Special procedure for contraventions by multiplex licence holders 176 Amount of penalty under s. 175 177 “Relevant amount of gross revenue” for the purposes of s. 176 178 Proceedings for an offence relating to apparatus use 179 Modification of penalties for certain wireless telegraphy offences 181 Power of arrest 182 Forfeiture etc. of restricted apparatus 183 Modification of definition of “undue interference” 184 Modification of definition of “wireless telegraphy” 185 Reference of disputes to OFCOM 185A Power of OFCOM to invite parties to refer dispute 186 Action by OFCOM on dispute reference 187 Legal proceedings about referred disputes 188 Procedure for resolving disputes 189 Disputes involving other member States 190 Resolution of referred disputes 191 OFCOM’s power to require information in connection with dispute 192 Appeals against decisions by OFCOM, the Secretary of State etc. 193 Reference of price control matters to the CMA 193A Recovery of CMA's costs in respect of price control references 194 Composition of Competition Commission for price control references 194A Disposal of appeals under section 192 (other than against certain decisions of Secretary of State) 195 Disposal of appeals under section 192 against certain decisions of Secretary of State 196 Appeals from the Tribunal 197 Interpretation of Chapter 3 198 Functions of OFCOM in relation to the BBC 198ZA Penalties for failure to provide information 198A C4C's functions in relation to media content 198AA C4C’s duties in relation to commissioning programmes 198B Statements of media content policy and commissioning policy 198C OFCOM reports on C4C's media content duties and commissioning duties 198D Directions in relation to C4C's media content duties and commissioning duties 199 Other Functions of C4C 200 Removal of members of C4C 201 Deficits and surpluses of C4C 202 Borrowing limit for C4C 203 Function of OFCOM in relation to S4C 204 Welsh Authority’s function of providing S4C and S4C Digital 204A S4C’s principal powers and public service remit 204B Restrictions on S4C’s powers 204C Publication of approvals under section 204B 205 Powers to provide other services 206 Other activities of Welsh Authority 207 S4C finances 208 The Gaelic Media Service 209 Membership of the Service 210 Supplementary provisions about the Service 211 Regulation of independent television services 211A Regulated electronic programme guides 211B Exempt foreign services 212 Abolition of function of assigning television frequencies 213 Abolition of licensing for local cable systems 214 Digital Channel 3 and Channel 5 licences 215 Replacement of existing Channel 3 and Channel 5 licences 216 Renewal of Channel 3 and 5 licences 216A Renewal of Channel 3 licences: determination of licence areas 217 Financial terms of licence renewed under s. 216 218 Duty to secure the provision of a public teletext service 218A Duty to report on public teletext service 219 Licensing of the public teletext service 220 Delegation of provision of public teletext service 221 Replacement of existing public teletext provider’s licence 222 Renewal of public teletext licence 223 Financial terms of licence renewed under s. 222 224 Meaning of “initial expiry date” 225 Application for review of financial terms of replacement licences 226 Application for review of financial terms in consequence of new obligations 227 Reviews under ss. 225 and 226 228 Giving effect to reviews under ss. 225 and 226 229 Report in anticipation of new licensing round 230 Orders suspending rights of renewal 231 Replacement of Channel 4 licence 232 Meaning of “television licensable content service” 233 Services that are not television licensable content services 234 Modification of ss. 232 and 233 235 Licensing of television licensable content services 236 Direction to licensee to take remedial action 237 Penalties for contravention of licence condition or direction 238 Revocation of television licensable content service licence 239 Action against licence holders who incite crime or disorder 240 Abolition of separate licences for certain television services 241 Television multiplex services 242 Composition of services in television multiplexes 243 Powers where frequencies reserved for qualifying services 244 Local digital television services 245 Regulation of independent radio services 246 Abolition of function of assigning radio frequencies 247 Meaning of “radio licensable content services” 248 Services that are not radio licensable content services 249 Modification of ss. 247 and 248 250 Licensing of radio licensable content services 251 Abolition of separate licences for certain sound services 252 Extension of licence periods 253 Extension and modification of existing licences 254 Renewal of local licences 255 Extension of special application procedure for local licences 256 Definition of simulcast radio services 257 Promotion of simulcast radio services 258 Radio multiplex services 258A Small-scale radio multiplex services 259 Composition of services in radio multiplexes 260 Digital sound services for inclusion in non-radio multiplexes 261 Renewal of radio multiplex licences 262 Community radio 263 Application of regulatory regimes 264 OFCOM reports on the fulfilment of the public service remit 264A OFCOM reports: wider review and reporting obligations 265 Public service remits of licensed providers 266 Statements of programme policy 267 Changes of programme policy 268 Statements of service policy by the public teletext provider 269 Changes of service policy 270 Enforcement of public service remits 271 Power to amend public service remits 271A Remedying failure by C4C to perform media content duties 275 Must-provide services for the purposes of s. 274 276 Co-operation with the public teletext provider 277 Programming quotas for independent productions 278 Programming quotas for original productions 278A Additional quotas for qualifying audiovisual content 278B Quotas: meaning of “qualifying audiovisual content” etc 278C Quotas: further provision about their fulfilment 279 News and current affairs programmes 280 Appointed news providers for Channel 3 281 Disqualification from appointment as news provider 282 Power to repeal or modify Channel 3 news provider provisions 283 News providers for Channel 5 284 News provision on the public teletext service 285 Code relating to programme commissioning 286 Regional programme-making for Channels 3 and 5 287 Regional programmes on Channel 3 288 Regional programme-making for Channel 4 289 Regional matters in the public teletext service 289A Provision of children's programmes 290 Proposals for arrangements 291 Obligation as to making and continuance of approved arrangements 292 OFCOM’s power to impose arrangements 293 Review of approved networking arrangements etc. 294 Supplemental provision about networking arrangements 295 Involvement of C4 Corporation in programme-making 296 Schools programmes on Channel 4 297 Channel 4 contribution towards national television archive 298 Conditions prohibiting interference with other services 299 Categorisation of listed events 301 Code relating to listed events 302 Regulations about coverage of listed events 303 Code relating to provision for people with disabilities 304 Procedure for issuing and revising code under s. 303 305 Meaning of “relevant date” in s. 303 306 Power to modify targets in s. 303 307 Observance of code under s. 303 307A Disabled people: point of contact 308 Assistance for the visually impaired with the public teletext service 309 Quotas for independent programmes 310 Code of practice for electronic programme guides 311 Conditions to comply with code under s. 310 311A Report on electronic programme guides and public service channels 312 Character and coverage of sound broadcasting services 313 Consultation about change of character of local services 314 Local news and information in local sound broadcasting services 315 Variations of radio multiplex licences affecting service characteristics 315A Local news and information in local digital radio services 316 Conditions relating to competition matters 317 Exercise of Broadcasting Act powers for a competition purpose 318 Review of powers exercised for competition purposes 319 OFCOM’s standards code 320 Special impartiality requirements 321 Objectives for advertisements, sponsorship and product placement 321A Objectives for advertisements: less healthy food and drink 322 Supplementary powers relating to advertising 323 Modification of matters to be taken into account under s. 319 324 Setting and publication of standards 325 Observance of standards code 326 Duty to observe fairness code 327 Standards with respect to fairness 328 Duty to publicise OFCOM’s functions in relation to complaints 329 Proscription orders 330 Effect of proscription order 331 Notification for enforcing proscription 332 Penalties for contravention of notification under s. 331 333 Party political broadcasts 334 Retention and production of recordings 335 Conditions securing compliance with international obligations 335A Co-operation with other parties to European Convention on Transfrontier Television 335B Maintenance of list of providers 336 Government requirements for licensed services 337 Promotion of equal opportunities and training 338 Corresponding rules for the BBC and S4C 338A Power to require information 338B Penalties for failure to provide information 339 Review of fulfilment by S4C of public service remit 340 Directions to S4C to take remedial action 341 Imposition of penalties on S4C 342 Contraventions recorded in Welsh Authority’s annual report 343 Provision of information by S4C 344 Transmission of statement of findings 345 Financial penalties imposable on licence holders 346 Recovery of fees and penalties 347 Statement of charging principles 348 Modification of disqualification provisions 349 Licence holding by local authorities 350 Relaxation of licence-holding restrictions 351 Changes of control of Channel 3 services 352 Action following review under s. 351 353 Changes of control of Channel 5 354 Action following review under s. 353 355 Variation of local licence following change of control 356 Action following review under s. 355 357 Meaning of “control” 358 Annual factual and statistical report 359 Grants to providers 359A Power of the Secretary of State to give financial assistance for radio 360 Amendments of the 1990 and 1996 Acts 361 Meaning of “available for reception by members of the public” 362 Interpretation of Part 3 362AA Designation of internet programme services 362AB Revocation of designation 362AC Statement relating to designation functions 362AD Notifications in relation to designated internet programme services 362AE Meaning of “television selection service” 362AF Meaning of “regulated television selection service” 362AG Advice from OFCOM 362AH Notification by providers of television selection services 362AI Lists of services 362AJ Must-offer obligations in the case of designated internet programme services 362AK Must-carry obligations 362AL Guidance as regards agreement objectives 362AM Meaning of “the agreement objectives” 362AN Duties relating to a designated internet programme service 362AO Duties relating to a regulated television selection service 362AP Code of practice 362AQ Effects of the code of practice 362AR Issuing a code of practice 362AS Power to require information 362AT References of disputes to OFCOM 362AU Action by OFCOM on reference of dispute 362AV Interim measures 362AW Procedure for resolving disputes 362AX Resolution of referred disputes 362AY Effect of referrals on legal proceedings 362AZ Provisional notices of contravention 362AZ1 Confirmation decisions: general 362AZ2 Confirmation decisions: steps 362AZ3 Confirmation decisions: penalties 362AZ4 Penalty for failure to comply with confirmation decisions 362AZ5 Enforcement: guidance 362AZ6 Fees 362AZ7 Non-payment of fee 362AZ8 Information to be included in a notice under section 362AZ7 362AZ9 Monitoring role for OFCOM 362AZ10 Notices 362AZ11 Application of Part 3A 362AZ12 Interpretation of Part 3A 362BA Meaning of “radio selection service” 362BB Meaning of “designated radio selection service” 362BC Advice from OFCOM 362BD Revocation of designation of radio selection service 362BE List of designated radio selection services etc 362BF Meaning of “internet radio service” 362BG Meaning of “relevant internet radio service” 362BH Sections 362BF and 362BG: power to amend 362BI Access to relevant internet radio services 362BJ Further provision about access to relevant internet radio services 362BK Code of practice 362BL Effects of the code of practice 362BM Issuing a code of practice 362BN Complaints procedures 362BO Power to modify regulation 362BP Review by OFCOM 362BQ Power to require information 362BR Provisional notices of contravention 362BS Confirmation decisions: general 362BT Confirmation decisions: steps 362BU Confirmation decisions: penalties 362BV Penalty for failure to comply with confirmation decision 362BW Enforcement: guidance 362BX Fees 362BY Non-payment of fee 362BZ Information to be included in a notice under section 362BY 362BZ1 Monitoring role for OFCOM 362BZ2 Notices 362BZ3 Application of Part 3B 362BZ4 Interpretation of Part 3B 363 Licence required for use of TV receiver 364 TV licences 365 TV licence fees 365A TV licence fee concessions by reference to age 366 Powers to enforce TV licensing 367 Interpretation of provisions about dealer notification 368 Meanings of “television receiver” and “use” 368ZA Audiovisual programmes 368A Meaning of “on-demand programme service” 368AA Meaning of non-UK on-demand programme service 368AB Overview of Part 4A 368B The appropriate regulatory authority 368BZA Maintenance of list of providers 368BA Advance notification to appropriate regulatory authority 368BB Enforcement of section 368BA 368BC Accessibility for people with disabilities 368BD Enforcement of regulations under section 368BC 368C Duties of the appropriate regulatory authority 368CA Code on accessibility for people with disabilities 368CB Quota for European works 368D Duties of service providers 368E Harmful material 368F Advertising 368FA Advertising: less healthy food and drink 368G Sponsorship 368H Prohibition of product placement and exceptions 368HA Meaning of Tier 1 service 368HB Power to specify Tier 1 services etc 368HC Notification to OFCOM 368HD Lists of Tier 1 providers 368HE Application etc of Chapter 2 to certain Tier 1 services 368HF Standards code for Tier 1 services 368HG Tier 1 standards code: special impartiality requirements 368HH Tier 1 standards code: matters to be taken into account 368HI Tier 1 standards code: procedural requirements 368HJ Duties of Tier 1 providers to comply with Tier 1 standards code 368HK Complaints relating to Tier 1 standards code 368HL Accessibility code for Tier 1 services 368HM Meaning of “relevant date” 368HN Power to modify requirements in section 368HL 368HO Tier 1 accessibility code: procedural requirements 368HP Duty to comply with Tier 1 accessibility code 368HQ Reports to Secretary of State 368HR Application of Chapter 3 368I Enforcement of service providers’ principal duties 368IA Enforcement of section 368E(4) 368J Financial penalties 368K Suspension or restriction of service for contraventions or failures 368L Suspension or restriction of service for inciting crime or disorder 368M Supplementary provision about directions 368N Enforcement of directions under section 368K or 368L 368NA Fees 368O Power to require information 368OZA Information powers: supplementary 368OA Co-operation with EEA States 368OB Audience protection reviews etc 368P Application of Part 4A in relation to the BBC 368Q Application of Part 4A in relation to the Welsh Authority 368QA Service of notices by OFCOM 368R Interpretation of Part 4A 368Z14 Prohibition of paid-for advertising of less healthy food and drink 368Z15 Enforcement 368Z16 Financial penalties 368Z17 Power to demand information 368Z18 Guidance 368Z19 The appropriate regulatory authority 368Z20 Power to amend this Part to extend prohibition 368Z21 Interpretation 369 Matters in relation to which OFCOM have competition functions 370 OFCOM’s functions under Part 4 of the Enterprise Act 2002 371 OFCOM’s functions under the Competition Act 1998 372 Application of the Competition Act 1998 to news provision 373 Repeal of existing newspaper merger regime 374 Repeal of exclusion for newspaper mergers from general merger controls 375 Media public interest considerations 376 Adaptation of role of OFT in initial investigations and reports 377 Additional investigation and report by OFCOM 378 Extension of special public interest regime for certain media mergers 379 Adaptation of role of OFT in special public interest regime 380 Additional investigation and report by OFCOM: special public interest cases 381 Public consultation in relation to media mergers 382 General information duties in relation to media mergers 383 Advice and information in relation to media mergers 384 General advisory functions of OFCOM in relation to media mergers 385 Other general functions of OFCOM in relation to media mergers 386 Monitoring role for OFT in relation to media mergers 387 Enforcement powers in relation to newspaper and other media mergers 388 Alterations concerning newspaper panel of Competition Commission 389 Further provision in connection with media mergers 390 Annual report on the Secretary of State’s functions 391 Review of media ownership 392 Penalties imposed by OFCOM 392A Amount of penalties etc 392B Liability of parent entities etc 393 General restrictions on disclosure of information 394 Service of notifications and other documents 395 Notifications and documents in electronic form 396 Timing and location of things done electronically 397 Purchase of Duchy of Lancaster land 398 Repeal of certain provisions of the Telecommunications Act 1984 399 Expenses 400 Destination of ... fees and penalties 402 Power of Secretary of State to make orders and regulations 403 Regulations and orders made by OFCOM 404 Criminal liability of company directors etc. 405 General interpretation 406 Minor and consequential amendments, transitionals and repeals 407 Pre-consolidation amendments 408 Transitional provision for anticipatory carrying out of functions 410 Application of enactments to territorial sea and other waters 411 Short title, commencement and extent SCHEDULE 1 Functions transferred to OFCOM SCHEDULE 2 Transfer schemes SCHEDULE 3A The electronic communications code SCHEDULE 4 Compulsory purchase and entry for exploratory purposes SCHEDULE 8 Decisions not subject to appeal SCHEDULE 9 Arrangements about carrying on of C4C’s activities SCHEDULE 11 Approval, imposition and modification of networking arrangements SCHEDULE 11A Restrictions on product placement SCHEDULE 12 Corresponding obligations of the BBC and S4C SCHEDULE 13 Financial penalties under the Broadcasting Acts SCHEDULE 14 Media ownership rules SCHEDULE 15 Amendments of Broadcasting Acts SCHEDULE15A Video-sharing platform services: appropriate measures for the purposes of section 368Z1(1) SCHEDULE 16 Further amendments in connection with media mergers Schedule 16A Penalties imposed by OFCOM under Parts 3A and 3B Schedule 16B Parts 3A and 3B: liability of parent entities etc SCHEDULE 17 Minor and Consequential Amendments SCHEDULE 18 Transitional Provisions SCHEDULE 19 Repeals
What to do with it
As published
89A Functional separation
(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.
Your wording
Your change, as a redline
89A Functional separation
(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.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.