Law

Communications Act 2003

United Kingdom · statute

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In force since 2026-04-06, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 729 provisions
  1. Title and introductory text
  2. 1 Functions and general powers of OFCOM
  3. 2 Transfer of functions of pre-commencement regulators
  4. 2A Statement of strategic priorities
  5. 2B Duties of OFCOM in relation to strategic priorities
  6. 2C Consultation and parliamentary procedure
  7. 3 General duties of OFCOM
  8. 4 Duties in relation to certain regulatory functions
  9. 4A ... European Commission recommendations for harmonisation
  10. 5 Directions in respect of networks and spectrum functions
  11. 6 Duties to review regulatory burdens
  12. 7 Duty to carry out impact assessments
  13. 8 Duty to publish and meet promptness standards
  14. 9 Secretary of State’s powers in relation to promptness standards
  15. 10 Duty to encourage availability of easily usable apparatus
  16. 11 Duties to promote media literacy
  17. 11A Regulated services: media literacy strategy and media literacy statement
  18. 12 Duty to establish and maintain Content Board
  19. 13 Functions of the Content Board
  20. 14 Consumer research
  21. 15 Duty to publish and take account of research
  22. 16 Consumer consultation
  23. 17 Membership etc. of the Consumer Panel
  24. 18 Committees and other procedure of the Consumer Panel
  25. 19 Power to amend remit of Consumer Panel
  26. 20 Advisory committees for different parts of the United Kingdom
  27. 21 Advisory committee on elderly and disabled persons
  28. 22 Representation on international and other bodies
  29. 23 Directions for international purposes in respect of broadcasting functions
  30. 24 Provision of information to the Secretary of State
  31. 24A Provision of information before publication
  32. 24B Provision of information to assist in formulation of policy
  33. 25 Information requested by EU bodies
  34. 26 Publication of information and advice for consumers etc.
  35. 27 Training and equality of opportunity
  36. 28 General power to charge for services
  37. 28A International recognition of satellite frequency assignments: power to charge fees
  38. 29 Secretary of State guarantees for OFCOM borrowing
  39. 30 Transfers of property etc. from pre-commencement regulators
  40. 31 Transitional functions and abolition of pre-commencement regulators
  41. 32 Meaning of electronic communications networks and services
  42. 32A Meaning of number-based interpersonal communications service
  43. 33 Advance notification to OFCOM
  44. 34 Designations and requirements for the purposes of s. 33
  45. 35 Notification of contraventions of s. 33
  46. 35A Penalties for contravention of section 33
  47. 36 Confirmation decision for contravention of s. 33
  48. 37 Penalties for contravention of s. 33
  49. 38 Fixing of charges
  50. 39 Supplemental provision about fixing charges
  51. 40 Notification of non-payment of charges
  52. 41 Penalties for non-payment of charges
  53. 42 Suspending service provision for non-payment
  54. 43 Enforcement of directions under s. 42
  55. 44 Duty of OFCOM to keep publicly accessible register
  56. 45 Power of OFCOM to set conditions
  57. 46 Persons to whom conditions may apply
  58. 47 Test for setting or modifying conditions
  59. 48 Procedure for setting, modifying and revoking conditions
  60. 48A Consultation for section 45 conditions
  61. 48B EU consultation for section 45 conditions
  62. 48C Delivery of copies of notifications etc. in respect of section 45 conditions
  63. 49 Directions and approvals for the purposes of a s. 45 condition
  64. 49A Consultation for directions, approvals and consents
  65. 49B EU consultation for directions, approvals and consents
  66. 49C Delivery of copies of notifications etc. in respect of directions, approvals and consents
  67. 50 Delivery of copies of notifications etc.
  68. 51 Matters to which general conditions may relate
  69. 52 Conditions relating to customer interests
  70. 53 Approval of codes of practice for the purposes of s. 52
  71. 54 Approval of dispute procedures for the purposes of s. 52
  72. 55 Orders by OFCOM in the absence of conditions under s. 52
  73. 56 The National Telephone Numbering Plan
  74. 56A Conditions for limitations on allocation of telephone numbers
  75. 57 Conditions to secure access to telephone numbers
  76. 58 Conditions about allocation and adoption of numbers
  77. 59 Telephone numbering conditions binding non-providers
  78. 60 Modification of documents referred to in numbering conditions
  79. 61 Withdrawal of telephone number allocations
  80. 62 Numbering reorganisations
  81. 63 General duty as to telephone numbering functions
  82. 64 Must-carry obligations
  83. 65 Obligations to be secured by universal service conditions
  84. 66 Designation of universal service providers
  85. 67 Subject-matter of universal service conditions
  86. 68 Tariffs etc. for universal services
  87. 69 Directories and directory enquiry facilities
  88. 70 Review of compliance costs: universal service conditions
  89. 71 Sharing of burden of universal service obligations
  90. 72 Report on sharing mechanism: universal service obligations
  91. 72A Review of universal service order
  92. 72B Broadband download speeds: duty to give direction under section 72A
  93. 72C Duty to review certain tariffs that are not universal service tariffs
  94. 72D Social tariff conditions: procedure
  95. 72E Consultation by OFCOM on proposed recommendation
  96. 72F Social tariff conditions: general
  97. 72G Review of compliance costs: social tariff conditions
  98. 72H Sharing of burden of social tariff obligations
  99. 72I Report on sharing mechanism: social tariff obligations
  100. 73 Permitted subject-matter of access-related conditions
  101. 74 Specific types of access-related conditions
  102. 74A Access-related conditions in certain cases involving use of radio spectrum
  103. 74B Review of access-related conditions
  104. 75 Conditional access systems and access to digital services
  105. 76 Modification and revocation of conditions imposed under s. 75
  106. 76A Information about electronic communications apparatus available for shared use
  107. 77 Imposition of privileged supplier conditions
  108. 78 Circumstances required for the setting of SMP conditions
  109. 79 Market power determinations
  110. 80 Proposals for identifying markets and for market power determinations
  111. 80A Consultation for market identifications and market power determinations
  112. 80B EU consultation for market identifications and market power determinations
  113. 81 Delivery of copies of notifications under sections 79 and 80A
  114. 82 European Commission’s powers in respect of proposals
  115. 83 Special rules for transnational markets
  116. 84 Review of services market identifications and determinations
  117. 84A Timing of services market identifications and determinations
  118. 85 Review of apparatus market identifications and determinations
  119. 86 Cases where review required
  120. 87 Conditions about network access etc.
  121. 88 Conditions about network access pricing etc.
  122. 89 Conditions about network access in exceptional cases
  123. 89A Functional separation
  124. 89B Functional separation conditions: matters to be considered by OFCOM
  125. 89C Obligation to notify OFCOM of voluntary separation
  126. 90 Conditions about carrier selection and pre-selection
  127. 91 Conditions about regulation of services etc. for end-users
  128. 91A SMP services conditions: wholesale-only undertakings
  129. 92 Conditions about leased lines
  130. 93 Conditions about apparatus supply
  131. 93A Notification to OFCOM of proposed commitments
  132. 93B Notification of proposed commitments relating to very high capacity network
  133. 93C Giving effect to commitments decision
  134. 93D Modification of commitments
  135. 94 Notification of contravention of SMP apparatus conditions
  136. 95 Enforcement notification for contravention of conditions
  137. 96 Penalties for contravention of conditions
  138. 96A Notification of contravention of condition other than SMP apparatus condition
  139. 96B Penalties for contravention of conditions
  140. 96C Enforcement of notification under section 96A
  141. 97 Amount of penalty under s. 96 or 96A
  142. 98 Power to deal with urgent cases
  143. 99 Confirmation of directions under s. 98
  144. 100 Suspending service provision for contraventions of conditions
  145. 100A Suspending service provision for breach of SMP services condition
  146. 101 Suspending apparatus supply for contraventions of conditions
  147. 102 Procedure for directions under ss. 100 and 101
  148. 103 Enforcement of directions under ss. 98, 100 , 100A and 101
  149. 104 Civil liability for breach of conditions or confirmation decision
  150. 105 Consideration and determination of network access questions
  151. 105A Duty to take security measures
  152. 105B Duty to take specified security measures
  153. 105C Duty to take measures in response to security compromises
  154. 105D Duty to take specified measures in response to security compromise
  155. 105E Codes of practice about security measures etc
  156. 105F Issuing codes of practice about security measures
  157. 105G Withdrawing codes of practice about security measures
  158. 105H Effects of codes of practice about security measures
  159. 105I Duty to explain failure to act in accordance with code of practice
  160. 105J Duty to inform users of risk of security compromise
  161. 105K Duty to inform OFCOM of security compromise
  162. 105L Powers of OFCOM to inform others of security compromise
  163. 105M General duty of OFCOM to ensure compliance with security duties
  164. 105N Power of OFCOM to assess compliance with security duties
  165. 105O Power of OFCOM to give assessment notices
  166. 105P Assessment notices: urgency statements
  167. 105Q Assessment notices: applications in respect of urgency statements
  168. 105R Assessment notices: information about entering premises
  169. 105S Enforcement of security duties
  170. 105T Enforcement of security duties: amount of penalties
  171. 105U Enforcement of security duties: proposal for interim steps
  172. 105V Enforcement of security duties: direction to take interim steps
  173. 105W Civil liability for breach of security duties
  174. 105X Relationship between security duties and certain other duties etc
  175. 105Y Statement of policy on ensuring compliance with security duties
  176. 105Z OFCOM reports on security
  177. 105Z1 Designated vendor directions
  178. 105Z2 Further provision about requirements
  179. 105Z3 Consultation about designated vendor directions
  180. 105Z4 Notice of designated vendor directions
  181. 105Z5 Variation and revocation of designated vendor directions
  182. 105Z6 Notice of variation and revocation of designated vendor directions
  183. 105Z7 Designated vendor directions: plans for compliance
  184. 105Z8 Designation notices
  185. 105Z9 Further provision about designation notices
  186. 105Z10 Variation and revocation of designation notices
  187. 105Z11 Laying before Parliament
  188. 105Z12 Monitoring of designated vendor directions
  189. 105Z13 Reports made under monitoring directions
  190. 105Z14 Power of OFCOM to give inspection notices
  191. 105Z15 Inspection notices: further provision
  192. 105Z16 Inspection notices: information about entering premises
  193. 105Z17 Inspection notices: enforcement of compliance
  194. 105Z18 Notification of contravention
  195. 105Z19 Amount of penalty
  196. 105Z20 Enforcement of notification
  197. 105Z21 Enforcement of penalty
  198. 105Z22 Urgent enforcement direction
  199. 105Z23 Urgent enforcement direction: confirmation
  200. 105Z24 Urgent enforcement direction: enforcement
  201. 105Z25 Requirement not to disclose
  202. 105Z26 Enforcement of requirement not to disclose
  203. 105Z27 Power of Secretary of State to require information etc
  204. 105Z28 Restrictions on imposing information requirements
  205. 105Z29 Enforcement of information requirements etc
  206. 106 Application of the electronic communications code
  207. 107 Procedure for directions applying code
  208. 108 Register of persons in whose case code applies
  209. 109 Restrictions and conditions subject to which code applies
  210. 110 Enforcement of restrictions and conditions
  211. 110A Penalties for contravention of code restrictions
  212. 111 Confirmation decision for contravention of code restrictions
  213. 111A Power to deal with urgent cases
  214. 111B Confirmation of direction under section 111A
  215. 112 Penalties for contravention of code restrictions
  216. 113 Suspension of application of code
  217. 114 Procedure for directions under s. 113
  218. 115 Modification and revocation of application of code
  219. 116 Notification of cessation by person to whom code applies
  220. 117 Transitional schemes on cessation of application of code
  221. 118 Compulsory acquisition of land etc.
  222. 119 Power to give assistance in relation to certain proceedings
  223. 120 Conditions regulating premium rate services
  224. 120A Procedure for setting, modifying and revoking premium rate services conditions
  225. 121 Approval of code for premium rate services
  226. 122 Orders by OFCOM in the absence of a code under s. 121
  227. 123 Enforcement of s. 120 conditions
  228. 124 Suspending service provision for contraventions of s. 120 conditions
  229. 124A Obligation to notify subscribers of copyright infringement reports
  230. 124B Obligation to provide copyright infringement lists to copyright owners
  231. 124C Approval of code about the initial obligations
  232. 124D Initial obligations code by OFCOM in the absence of an approved code
  233. 124E Contents of initial obligations code
  234. 124F Progress reports
  235. 124G Obligations to limit internet access: assessment and preparation
  236. 124H Obligations to limit internet access
  237. 124I Code by OFCOM about obligations to limit internet access
  238. 124J Contents of code about obligations to limit internet access
  239. 124K Subscriber appeals
  240. 124L Enforcement of obligations
  241. 124M Sharing of costs
  242. 124N Interpretation
  243. 124O Notification of failure in relation to internet domain registry
  244. 124P Appointment of manager of internet domain registry
  245. 124Q Functions of manager etc
  246. 124R Application to court to alter constitution of internet domain registry
  247. 124S Mobile phone providers' duty to enable billing limits to be applied
  248. 124T Enforcement of duty to enable billing limits to be applied
  249. 124U Rights of end-users in relation to contract termination
  250. 124V Further rights relating to bundled contracts
  251. 124W Enforcement of obligations of providers under sections 124U and 124V
  252. 125 Dishonestly obtaining electronic communications services
  253. 126 Possession or supply of apparatus etc. for contravening s. 125
  254. 127 Improper use of public electronic communications network
  255. 128 Notification of misuse of networks and services
  256. 129 Enforcement notifications for stopping persistent misuse
  257. 130 Penalties for persistent misuse
  258. 131 Statement of policy on persistent misuse
  259. 132 Powers to require suspension or restriction of a provider’s entitlement
  260. 133 Enforcement of directions under s. 132
  261. 134 Restrictions in leases and licences
  262. 134A OFCOM reports on infrastructure etc
  263. 134AA Additional OFCOM reports on infrastructure etc
  264. 134AB Publication of information required for purpose of preparing reports
  265. 134AC Use of reports
  266. 134B Networks and services matters
  267. 134C OFCOM reports on internet domain names
  268. 134D Comparative overviews of quality and prices
  269. 135 Information required for purposes of certain OFCOM functions
  270. 136 Information required for related purposes
  271. 137 Restrictions on imposing information requirements
  272. 137A Information required from communications providers
  273. 137B Section 137A: confidential matters
  274. 138 Notification of contravention of information requirements
  275. 139 Penalties for contravention of information requirements
  276. 139ZA Higher penalties for certain contraventions
  277. 139A Enforcement of notification under section 138
  278. 139B Power to deal with urgent cases
  279. 139C Confirmation of direction under section 139B
  280. 140 Suspending service provision for information contraventions
  281. 141 Suspending apparatus supply for information contraventions
  282. 142 Procedure for directions under ss. 140 and 141
  283. 143 Enforcement of directions under ss. 140 and 141
  284. 144 Offences in connection with information requirements
  285. 145 Statement of policy on information gathering
  286. 146 Provision of information by OFCOM
  287. 146A Rights of third parties to use information without charge
  288. 147 Repeal of provisions of Telecommunications Act 1984
  289. 148 Powers of local authorities in connection with networks
  290. 149 Grants by Department of Enterprise, Trade and Investment
  291. 150 Grants by district councils
  292. 150A Proposals of EU significance
  293. 151 Interpretation of Chapter 1
  294. 152 General functions of OFCOM in relation to radio spectrum
  295. 153 United Kingdom Plan for Frequency Authorisation
  296. 154 Duties of OFCOM when carrying out spectrum functions
  297. 155 Advisory service in relation to interference
  298. 156 Directions with respect to the radio spectrum
  299. 157 Procedure for directions under s. 156
  300. 158 Special duty in relation to television multiplexes
  301. 159 Grant of recognised spectrum access
  302. 160 Effect of grant of recognised spectrum access
  303. 161 Charges in respect of grants of recognised spectrum access
  304. 162 Conversion into and from wireless telegraphy licences
  305. 163 Payments for use of radio spectrum by the Crown
  306. 164 Limitations on authorised spectrum use
  307. 165 Terms etc. of wireless telegraphy licences
  308. 166 Exemption from need for wireless telegraphy licence
  309. 167 Bidding for wireless telegraphy licences
  310. 168 Spectrum trading
  311. 169 Variation and revocation of wireless telegraphy licences
  312. 170 Wireless telegraphy register
  313. 171 Information requirements in relation to wireless telegraphy licences
  314. 172 Contraventions of conditions for use of wireless telegraphy
  315. 173 Meaning of “repeated contravention” in s. 172
  316. 174 Procedure for prosecutions of wireless telegraphy offences
  317. 175 Special procedure for contraventions by multiplex licence holders
  318. 176 Amount of penalty under s. 175
  319. 177 “Relevant amount of gross revenue” for the purposes of s. 176
  320. 178 Proceedings for an offence relating to apparatus use
  321. 179 Modification of penalties for certain wireless telegraphy offences
  322. 181 Power of arrest
  323. 182 Forfeiture etc. of restricted apparatus
  324. 183 Modification of definition of “undue interference”
  325. 184 Modification of definition of “wireless telegraphy”
  326. 185 Reference of disputes to OFCOM
  327. 185A Power of OFCOM to invite parties to refer dispute
  328. 186 Action by OFCOM on dispute reference
  329. 187 Legal proceedings about referred disputes
  330. 188 Procedure for resolving disputes
  331. 189 Disputes involving other member States
  332. 190 Resolution of referred disputes
  333. 191 OFCOM’s power to require information in connection with dispute
  334. 192 Appeals against decisions by OFCOM, the Secretary of State etc.
  335. 193 Reference of price control matters to the CMA
  336. 193A Recovery of CMA's costs in respect of price control references
  337. 194 Composition of Competition Commission for price control references
  338. 194A Disposal of appeals under section 192 (other than against certain decisions of Secretary of State)
  339. 195 Disposal of appeals under section 192 against certain decisions of Secretary of State
  340. 196 Appeals from the Tribunal
  341. 197 Interpretation of Chapter 3
  342. 198 Functions of OFCOM in relation to the BBC
  343. 198ZA Penalties for failure to provide information
  344. 198A C4C's functions in relation to media content
  345. 198AA C4C’s duties in relation to commissioning programmes
  346. 198B Statements of media content policy and commissioning policy
  347. 198C OFCOM reports on C4C's media content duties and commissioning duties
  348. 198D Directions in relation to C4C's media content duties and commissioning duties
  349. 199 Other Functions of C4C
  350. 200 Removal of members of C4C
  351. 201 Deficits and surpluses of C4C
  352. 202 Borrowing limit for C4C
  353. 203 Function of OFCOM in relation to S4C
  354. 204 Welsh Authority’s function of providing S4C and S4C Digital
  355. 204A S4C’s principal powers and public service remit
  356. 204B Restrictions on S4C’s powers
  357. 204C Publication of approvals under section 204B
  358. 205 Powers to provide other services
  359. 206 Other activities of Welsh Authority
  360. 207 S4C finances
  361. 208 The Gaelic Media Service
  362. 209 Membership of the Service
  363. 210 Supplementary provisions about the Service
  364. 211 Regulation of independent television services
  365. 211A Regulated electronic programme guides
  366. 211B Exempt foreign services
  367. 212 Abolition of function of assigning television frequencies
  368. 213 Abolition of licensing for local cable systems
  369. 214 Digital Channel 3 and Channel 5 licences
  370. 215 Replacement of existing Channel 3 and Channel 5 licences
  371. 216 Renewal of Channel 3 and 5 licences
  372. 216A Renewal of Channel 3 licences: determination of licence areas
  373. 217 Financial terms of licence renewed under s. 216
  374. 218 Duty to secure the provision of a public teletext service
  375. 218A Duty to report on public teletext service
  376. 219 Licensing of the public teletext service
  377. 220 Delegation of provision of public teletext service
  378. 221 Replacement of existing public teletext provider’s licence
  379. 222 Renewal of public teletext licence
  380. 223 Financial terms of licence renewed under s. 222
  381. 224 Meaning of “initial expiry date”
  382. 225 Application for review of financial terms of replacement licences
  383. 226 Application for review of financial terms in consequence of new obligations
  384. 227 Reviews under ss. 225 and 226
  385. 228 Giving effect to reviews under ss. 225 and 226
  386. 229 Report in anticipation of new licensing round
  387. 230 Orders suspending rights of renewal
  388. 231 Replacement of Channel 4 licence
  389. 232 Meaning of “television licensable content service”
  390. 233 Services that are not television licensable content services
  391. 234 Modification of ss. 232 and 233
  392. 235 Licensing of television licensable content services
  393. 236 Direction to licensee to take remedial action
  394. 237 Penalties for contravention of licence condition or direction
  395. 238 Revocation of television licensable content service licence
  396. 239 Action against licence holders who incite crime or disorder
  397. 240 Abolition of separate licences for certain television services
  398. 241 Television multiplex services
  399. 242 Composition of services in television multiplexes
  400. 243 Powers where frequencies reserved for qualifying services
  401. 244 Local digital television services
  402. 245 Regulation of independent radio services
  403. 246 Abolition of function of assigning radio frequencies
  404. 247 Meaning of “radio licensable content services”
  405. 248 Services that are not radio licensable content services
  406. 249 Modification of ss. 247 and 248
  407. 250 Licensing of radio licensable content services
  408. 251 Abolition of separate licences for certain sound services
  409. 252 Extension of licence periods
  410. 253 Extension and modification of existing licences
  411. 254 Renewal of local licences
  412. 255 Extension of special application procedure for local licences
  413. 256 Definition of simulcast radio services
  414. 257 Promotion of simulcast radio services
  415. 258 Radio multiplex services
  416. 258A Small-scale radio multiplex services
  417. 259 Composition of services in radio multiplexes
  418. 260 Digital sound services for inclusion in non-radio multiplexes
  419. 261 Renewal of radio multiplex licences
  420. 262 Community radio
  421. 263 Application of regulatory regimes
  422. 264 OFCOM reports on the fulfilment of the public service remit
  423. 264A OFCOM reports: wider review and reporting obligations
  424. 265 Public service remits of licensed providers
  425. 266 Statements of programme policy
  426. 267 Changes of programme policy
  427. 268 Statements of service policy by the public teletext provider
  428. 269 Changes of service policy
  429. 270 Enforcement of public service remits
  430. 271 Power to amend public service remits
  431. 271A Remedying failure by C4C to perform media content duties
  432. 275 Must-provide services for the purposes of s. 274
  433. 276 Co-operation with the public teletext provider
  434. 277 Programming quotas for independent productions
  435. 278 Programming quotas for original productions
  436. 278A Additional quotas for qualifying audiovisual content
  437. 278B Quotas: meaning of “qualifying audiovisual content” etc
  438. 278C Quotas: further provision about their fulfilment
  439. 279 News and current affairs programmes
  440. 280 Appointed news providers for Channel 3
  441. 281 Disqualification from appointment as news provider
  442. 282 Power to repeal or modify Channel 3 news provider provisions
  443. 283 News providers for Channel 5
  444. 284 News provision on the public teletext service
  445. 285 Code relating to programme commissioning
  446. 286 Regional programme-making for Channels 3 and 5
  447. 287 Regional programmes on Channel 3
  448. 288 Regional programme-making for Channel 4
  449. 289 Regional matters in the public teletext service
  450. 289A Provision of children's programmes
  451. 290 Proposals for arrangements
  452. 291 Obligation as to making and continuance of approved arrangements
  453. 292 OFCOM’s power to impose arrangements
  454. 293 Review of approved networking arrangements etc.
  455. 294 Supplemental provision about networking arrangements
  456. 295 Involvement of C4 Corporation in programme-making
  457. 296 Schools programmes on Channel 4
  458. 297 Channel 4 contribution towards national television archive
  459. 298 Conditions prohibiting interference with other services
  460. 299 Categorisation of listed events
  461. 301 Code relating to listed events
  462. 302 Regulations about coverage of listed events
  463. 303 Code relating to provision for people with disabilities
  464. 304 Procedure for issuing and revising code under s. 303
  465. 305 Meaning of “relevant date” in s. 303
  466. 306 Power to modify targets in s. 303
  467. 307 Observance of code under s. 303
  468. 307A Disabled people: point of contact
  469. 308 Assistance for the visually impaired with the public teletext service
  470. 309 Quotas for independent programmes
  471. 310 Code of practice for electronic programme guides
  472. 311 Conditions to comply with code under s. 310
  473. 311A Report on electronic programme guides and public service channels
  474. 312 Character and coverage of sound broadcasting services
  475. 313 Consultation about change of character of local services
  476. 314 Local news and information in local sound broadcasting services
  477. 315 Variations of radio multiplex licences affecting service characteristics
  478. 315A Local news and information in local digital radio services
  479. 316 Conditions relating to competition matters
  480. 317 Exercise of Broadcasting Act powers for a competition purpose
  481. 318 Review of powers exercised for competition purposes
  482. 319 OFCOM’s standards code
  483. 320 Special impartiality requirements
  484. 321 Objectives for advertisements, sponsorship and product placement
  485. 321A Objectives for advertisements: less healthy food and drink
  486. 322 Supplementary powers relating to advertising
  487. 323 Modification of matters to be taken into account under s. 319
  488. 324 Setting and publication of standards
  489. 325 Observance of standards code
  490. 326 Duty to observe fairness code
  491. 327 Standards with respect to fairness
  492. 328 Duty to publicise OFCOM’s functions in relation to complaints
  493. 329 Proscription orders
  494. 330 Effect of proscription order
  495. 331 Notification for enforcing proscription
  496. 332 Penalties for contravention of notification under s. 331
  497. 333 Party political broadcasts
  498. 334 Retention and production of recordings
  499. 335 Conditions securing compliance with international obligations
  500. 335A Co-operation with other parties to European Convention on Transfrontier Television
  501. 335B Maintenance of list of providers
  502. 336 Government requirements for licensed services
  503. 337 Promotion of equal opportunities and training
  504. 338 Corresponding rules for the BBC and S4C
  505. 338A Power to require information
  506. 338B Penalties for failure to provide information
  507. 339 Review of fulfilment by S4C of public service remit
  508. 340 Directions to S4C to take remedial action
  509. 341 Imposition of penalties on S4C
  510. 342 Contraventions recorded in Welsh Authority’s annual report
  511. 343 Provision of information by S4C
  512. 344 Transmission of statement of findings
  513. 345 Financial penalties imposable on licence holders
  514. 346 Recovery of fees and penalties
  515. 347 Statement of charging principles
  516. 348 Modification of disqualification provisions
  517. 349 Licence holding by local authorities
  518. 350 Relaxation of licence-holding restrictions
  519. 351 Changes of control of Channel 3 services
  520. 352 Action following review under s. 351
  521. 353 Changes of control of Channel 5
  522. 354 Action following review under s. 353
  523. 355 Variation of local licence following change of control
  524. 356 Action following review under s. 355
  525. 357 Meaning of “control”
  526. 358 Annual factual and statistical report
  527. 359 Grants to providers
  528. 359A Power of the Secretary of State to give financial assistance for radio
  529. 360 Amendments of the 1990 and 1996 Acts
  530. 361 Meaning of “available for reception by members of the public”
  531. 362 Interpretation of Part 3
  532. 362AA Designation of internet programme services
  533. 362AB Revocation of designation
  534. 362AC Statement relating to designation functions
  535. 362AD Notifications in relation to designated internet programme services
  536. 362AE Meaning of “television selection service”
  537. 362AF Meaning of “regulated television selection service”
  538. 362AG Advice from OFCOM
  539. 362AH Notification by providers of television selection services
  540. 362AI Lists of services
  541. 362AJ Must-offer obligations in the case of designated internet programme services
  542. 362AK Must-carry obligations
  543. 362AL Guidance as regards agreement objectives
  544. 362AM Meaning of “the agreement objectives”
  545. 362AN Duties relating to a designated internet programme service
  546. 362AO Duties relating to a regulated television selection service
  547. 362AP Code of practice
  548. 362AQ Effects of the code of practice
  549. 362AR Issuing a code of practice
  550. 362AS Power to require information
  551. 362AT References of disputes to OFCOM
  552. 362AU Action by OFCOM on reference of dispute
  553. 362AV Interim measures
  554. 362AW Procedure for resolving disputes
  555. 362AX Resolution of referred disputes
  556. 362AY Effect of referrals on legal proceedings
  557. 362AZ Provisional notices of contravention
  558. 362AZ1 Confirmation decisions: general
  559. 362AZ2 Confirmation decisions: steps
  560. 362AZ3 Confirmation decisions: penalties
  561. 362AZ4 Penalty for failure to comply with confirmation decisions
  562. 362AZ5 Enforcement: guidance
  563. 362AZ6 Fees
  564. 362AZ7 Non-payment of fee
  565. 362AZ8 Information to be included in a notice under section 362AZ7
  566. 362AZ9 Monitoring role for OFCOM
  567. 362AZ10 Notices
  568. 362AZ11 Application of Part 3A
  569. 362AZ12 Interpretation of Part 3A
  570. 362BA Meaning of “radio selection service”
  571. 362BB Meaning of “designated radio selection service”
  572. 362BC Advice from OFCOM
  573. 362BD Revocation of designation of radio selection service
  574. 362BE List of designated radio selection services etc
  575. 362BF Meaning of “internet radio service”
  576. 362BG Meaning of “relevant internet radio service”
  577. 362BH Sections 362BF and 362BG: power to amend
  578. 362BI Access to relevant internet radio services
  579. 362BJ Further provision about access to relevant internet radio services
  580. 362BK Code of practice
  581. 362BL Effects of the code of practice
  582. 362BM Issuing a code of practice
  583. 362BN Complaints procedures
  584. 362BO Power to modify regulation
  585. 362BP Review by OFCOM
  586. 362BQ Power to require information
  587. 362BR Provisional notices of contravention
  588. 362BS Confirmation decisions: general
  589. 362BT Confirmation decisions: steps
  590. 362BU Confirmation decisions: penalties
  591. 362BV Penalty for failure to comply with confirmation decision
  592. 362BW Enforcement: guidance
  593. 362BX Fees
  594. 362BY Non-payment of fee
  595. 362BZ Information to be included in a notice under section 362BY
  596. 362BZ1 Monitoring role for OFCOM
  597. 362BZ2 Notices
  598. 362BZ3 Application of Part 3B
  599. 362BZ4 Interpretation of Part 3B
  600. 363 Licence required for use of TV receiver
  601. 364 TV licences
  602. 365 TV licence fees
  603. 365A TV licence fee concessions by reference to age
  604. 366 Powers to enforce TV licensing
  605. 367 Interpretation of provisions about dealer notification
  606. 368 Meanings of “television receiver” and “use”
  607. 368ZA Audiovisual programmes
  608. 368A Meaning of “on-demand programme service”
  609. 368AA Meaning of non-UK on-demand programme service
  610. 368AB Overview of Part 4A
  611. 368B The appropriate regulatory authority
  612. 368BZA Maintenance of list of providers
  613. 368BA Advance notification to appropriate regulatory authority
  614. 368BB Enforcement of section 368BA
  615. 368BC Accessibility for people with disabilities
  616. 368BD Enforcement of regulations under section 368BC
  617. 368C Duties of the appropriate regulatory authority
  618. 368CA Code on accessibility for people with disabilities
  619. 368CB Quota for European works
  620. 368D Duties of service providers
  621. 368E Harmful material
  622. 368F Advertising
  623. 368FA Advertising: less healthy food and drink
  624. 368G Sponsorship
  625. 368H Prohibition of product placement and exceptions
  626. 368HA Meaning of Tier 1 service
  627. 368HB Power to specify Tier 1 services etc
  628. 368HC Notification to OFCOM
  629. 368HD Lists of Tier 1 providers
  630. 368HE Application etc of Chapter 2 to certain Tier 1 services
  631. 368HF Standards code for Tier 1 services
  632. 368HG Tier 1 standards code: special impartiality requirements
  633. 368HH Tier 1 standards code: matters to be taken into account
  634. 368HI Tier 1 standards code: procedural requirements
  635. 368HJ Duties of Tier 1 providers to comply with Tier 1 standards code
  636. 368HK Complaints relating to Tier 1 standards code
  637. 368HL Accessibility code for Tier 1 services
  638. 368HM Meaning of “relevant date”
  639. 368HN Power to modify requirements in section 368HL
  640. 368HO Tier 1 accessibility code: procedural requirements
  641. 368HP Duty to comply with Tier 1 accessibility code
  642. 368HQ Reports to Secretary of State
  643. 368HR Application of Chapter 3
  644. 368I Enforcement of service providers’ principal duties
  645. 368IA Enforcement of section 368E(4)
  646. 368J Financial penalties
  647. 368K Suspension or restriction of service for contraventions or failures
  648. 368L Suspension or restriction of service for inciting crime or disorder
  649. 368M Supplementary provision about directions
  650. 368N Enforcement of directions under section 368K or 368L
  651. 368NA Fees
  652. 368O Power to require information
  653. 368OZA Information powers: supplementary
  654. 368OA Co-operation with EEA States
  655. 368OB Audience protection reviews etc
  656. 368P Application of Part 4A in relation to the BBC
  657. 368Q Application of Part 4A in relation to the Welsh Authority
  658. 368QA Service of notices by OFCOM
  659. 368R Interpretation of Part 4A
  660. 368Z14 Prohibition of paid-for advertising of less healthy food and drink
  661. 368Z15 Enforcement
  662. 368Z16 Financial penalties
  663. 368Z17 Power to demand information
  664. 368Z18 Guidance
  665. 368Z19 The appropriate regulatory authority
  666. 368Z20 Power to amend this Part to extend prohibition
  667. 368Z21 Interpretation
  668. 369 Matters in relation to which OFCOM have competition functions
  669. 370 OFCOM’s functions under Part 4 of the Enterprise Act 2002
  670. 371 OFCOM’s functions under the Competition Act 1998
  671. 372 Application of the Competition Act 1998 to news provision
  672. 373 Repeal of existing newspaper merger regime
  673. 374 Repeal of exclusion for newspaper mergers from general merger controls
  674. 375 Media public interest considerations
  675. 376 Adaptation of role of OFT in initial investigations and reports
  676. 377 Additional investigation and report by OFCOM
  677. 378 Extension of special public interest regime for certain media mergers
  678. 379 Adaptation of role of OFT in special public interest regime
  679. 380 Additional investigation and report by OFCOM: special public interest cases
  680. 381 Public consultation in relation to media mergers
  681. 382 General information duties in relation to media mergers
  682. 383 Advice and information in relation to media mergers
  683. 384 General advisory functions of OFCOM in relation to media mergers
  684. 385 Other general functions of OFCOM in relation to media mergers
  685. 386 Monitoring role for OFT in relation to media mergers
  686. 387 Enforcement powers in relation to newspaper and other media mergers
  687. 388 Alterations concerning newspaper panel of Competition Commission
  688. 389 Further provision in connection with media mergers
  689. 390 Annual report on the Secretary of State’s functions
  690. 391 Review of media ownership
  691. 392 Penalties imposed by OFCOM
  692. 392A Amount of penalties etc
  693. 392B Liability of parent entities etc
  694. 393 General restrictions on disclosure of information
  695. 394 Service of notifications and other documents
  696. 395 Notifications and documents in electronic form
  697. 396 Timing and location of things done electronically
  698. 397 Purchase of Duchy of Lancaster land
  699. 398 Repeal of certain provisions of the Telecommunications Act 1984
  700. 399 Expenses
  701. 400 Destination of ... fees and penalties
  702. 402 Power of Secretary of State to make orders and regulations
  703. 403 Regulations and orders made by OFCOM
  704. 404 Criminal liability of company directors etc.
  705. 405 General interpretation
  706. 406 Minor and consequential amendments, transitionals and repeals
  707. 407 Pre-consolidation amendments
  708. 408 Transitional provision for anticipatory carrying out of functions
  709. 410 Application of enactments to territorial sea and other waters
  710. 411 Short title, commencement and extent
  711. SCHEDULE 1 Functions transferred to OFCOM
  712. SCHEDULE 2 Transfer schemes
  713. SCHEDULE 3A The electronic communications code
  714. SCHEDULE 4 Compulsory purchase and entry for exploratory purposes
  715. SCHEDULE 8 Decisions not subject to appeal
  716. SCHEDULE 9 Arrangements about carrying on of C4C’s activities
  717. SCHEDULE 11 Approval, imposition and modification of networking arrangements
  718. SCHEDULE 11A Restrictions on product placement
  719. SCHEDULE 12 Corresponding obligations of the BBC and S4C
  720. SCHEDULE 13 Financial penalties under the Broadcasting Acts
  721. SCHEDULE 14 Media ownership rules
  722. SCHEDULE 15 Amendments of Broadcasting Acts
  723. SCHEDULE15A Video-sharing platform services: appropriate measures for the purposes of section 368Z1(1)
  724. SCHEDULE 16 Further amendments in connection with media mergers
  725. Schedule 16A Penalties imposed by OFCOM under Parts 3A and 3B
  726. Schedule 16B Parts 3A and 3B: liability of parent entities etc
  727. SCHEDULE 17 Minor and Consequential Amendments
  728. SCHEDULE 18 Transitional Provisions
  729. SCHEDULE 19 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

729 provisions

124M Sharing of costs

(1) The Secretary of State may by order specify provision that must be included in an initial obligations code or a technical obligations code about payment of contributions towards costs incurred under the copyright infringement provisions. (2) Any provision specified under subsection (1) must relate to payment of contributions by one or more of the following only— (a) copyright owners; (b) internet service providers; (c) in relation to a subscriber appeal or a further appeal by a subscriber to the First-tier Tribunal, the subscriber. (3) Provision specified under subsection (1) may relate to, in particular— (a) payment by a copyright owner of a contribution towards the costs that an internet service provider incurs; (b) payment by a copyright owner or internet service provider of a contribution towards the costs that OFCOM incur. (4) Provision specified under subsection (1) may include, in particular— (a) provision about costs incurred before the provision is included in an initial obligations code or a technical obligations code; (b) provision for payment in advance of expected costs (and for reimbursement of overpayments where the costs incurred are less than expected); (c) provision about how costs, expected costs or contributions must be calculated; (d) other provision about when and how contributions must be paid. (5) No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

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124N Interpretation

In sections 124A to 124M and this section— “apparent infringement”, in relation to a copyright infringement report, means the infringement of copyright that the report states appears to have taken place; “copyright infringement list” has the meaning given in section 124B(2); “copyright infringement provisions” means sections 124A to 124M and this section; “copyright infringement report” has the meaning given in section 124A(3); “copyright owner” means— a copyright owner within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act); or someone authorised by that person to act on the person's behalf; “copyright work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (see section 1(2) of that Act); “initial obligations” has the meaning given in section 124C(1); “initial obligations code” has the meaning given in section 124A(2); “internet access service” means an electronic communications service that— is provided to a subscriber; consists entirely or mainly of the provision of access to the internet; and includes the allocation of an IP address or IP addresses to the subscriber to enable that access; “internet service provider” means a person who provides an internet access service; “IP address” means an internet protocol address; “subscriber”, in relation to an internet access service, means a person who— receives the service under an agreement between the person and the provider of the service; and does not receive it as a communications provider; “subscriber appeal” means— in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to— the making of a copyright infringement report; notification under section 124A(4); the inclusion or proposed inclusion of an entry in a copyright infringement list; or any other act or omission in relation to an initial obligation or an initial obligations code; in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to— the proposed taking of a technical measure; or any other act or omission in relation to a technical obligation or a technical obligations code; “technical measure” has the meaning given in section 124G(3); “technical obligation” has the meaning given in section 124G(2); “technical obligations code” means a code in force under section 124I.

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124O Notification of failure in relation to internet domain registry

(1) This section applies where the Secretary of State— (a) is satisfied that a serious relevant failure in relation to a qualifying internet domain registry is taking place or has taken place, and (b) wishes to exercise the powers under section 124P or 124R. (2) The Secretary of State must notify the internet domain registry, specifying the failure and a period during which the registry has the opportunity to make representations to the Secretary of State. (3) There is a relevant failure in relation to a qualifying internet domain registry if— (a) the registry, or any of its registrars or end-users, engages in prescribed practices that are unfair or involve the misuse of internet domain names, or (b) the arrangements made by the registry for dealing with complaints in connection with internet domain names do not comply with prescribed requirements. (4) A relevant failure is serious, for the purposes of this section, if it has adversely affected or is likely adversely to affect— (a) the reputation or availability of electronic communications networks or electronic communications services provided in the United Kingdom or a part of the United Kingdom, or (b) the interests of consumers or members of the public in the United Kingdom or a part of the United Kingdom. (5) In subsection (3) “prescribed” means prescribed by regulations made by the Secretary of State. (6) Before making regulations under subsection (3) the Secretary of State must consult such persons as the Secretary of State considers appropriate. (7) In this section and sections 124P to 124R— “end-user”, in relation to a qualifying internet domain registry, means a person who has been or wants to be allocated an internet domain name that is or would be included in the register maintained by the registry; “qualifying internet domain registry” means a relevant body that— maintains a relevant register of internet domain names, and operates a computer program or server that forms part of the system that enables the names included in the register to be used to access internet protocol addresses or other information by means of the internet; “registrar”, in relation to a qualifying internet domain registry, means a person authorised by the registry to act on behalf of end-users in connection with the registration of internet domain names; “relevant body” means a company formed and registered under the Companies Act 2006 or a limited liability partnership; “relevant register of internet domain names” means a register of— the names of second level internet domains that form part of the same UK-related top level internet domain, or the names of third level internet domains that form part of the same UK-related second level internet domain; “second level internet domain” means an internet domain indicated by the last two elements of an internet domain name; “third level internet domain” means an internet domain indicated by the last three elements of an internet domain name; “top level internet domain” means an internet domain indicated by the last element of an internet domain name. (8) An internet domain is “UK-related” if, in the opinion of the Secretary of State, the last element of its name is likely to cause users of the internet, or a class of such users, to believe that the domain and its sub-domains are connected with the United Kingdom or a part of the United Kingdom.

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124P Appointment of manager of internet domain registry

(1) This section applies where— (a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure, (b) the period allowed for making representations has expired, and (c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure. (2) The Secretary of State may by order appoint a manager in respect of the property and affairs of the internet domain registry for the purpose of securing that the registry takes the steps described in subsection (1)(c). (3) The person appointed may be anyone whom the Secretary of State thinks appropriate. (4) The appointment of the manager does not affect— (a) a right of a person to appoint a receiver of the registry's property, or (b) the rights of a receiver appointed by a person other than the Secretary of State. (5) The Secretary of State must— (a) keep the order under review, and (b) if appropriate, discharge all or part of the order. (6) The Secretary of State must discharge the order on the appointment of a person to act as administrative receiver, administrator, provisional liquidator or liquidator of the registry. (7) The Secretary of State must discharge the order before the end of the period of 2 years beginning with the day on which it was made (but this does not prevent the Secretary of State from making a further order in the same or similar terms). (8) When discharging an order under this section, the Secretary of State may make savings and transitional provision. (9) The Secretary of State must send a copy of an order made under this section to the registry as soon as practicable after it is made. (10) In subsection (4), “receiver” includes a manager (other than a manager appointed by the registry) and a person who is appointed as both receiver and manager. (11) In subsection (6)— “administrative receiver” means an administrative receiver within the meaning of section 251 of the Insolvency Act 1986 or Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)); “administrator” means a person appointed to manage the affairs, business and property of the registry under Schedule B1 to that Act or Schedule B1 to that Order.

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124Q Functions of manager etc

(1) An order under section 124P may make provision about the functions to be exercised by, and the powers of, the manager. (2) The order may, in particular— (a) provide for the manager to have such of the functions of the registry's directors as are specified in the order (including functions exercisable only by a particular director or class of directors), and (b) provide for one or more of the registry's directors to be prevented from exercising any of those functions. (3) The order may make provision about the remuneration of the manager, including in particular— (a) provision for the amount of the remuneration to be determined by the Secretary of State, and (b) provision for the remuneration to be payable from the property of the registry. (4) In carrying out the functions conferred by the order, the manager acts as the registry's agent. (5) The Secretary of State may apply to the court for directions in relation to any matter arising in connection with the functions or powers of the manager (and the costs of the application are to be paid by the registry). (6) On an application under subsection (5) the court may give such directions or make such orders as it thinks fit. (7) In this section “the court” means— (a) in England and Wales, the High Court or the county court, (b) in Scotland, the Court of Session or the sheriff, and (c) in Northern Ireland, the High Court. (8) Where the registry is a limited liability partnership, this section applies as if references to a director of the registry were references to a member of the limited liability partnership.

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124R Application to court to alter constitution of internet domain registry

(1) This section applies where— (a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure, (b) the period allowed for making representations has expired, and (c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure. (2) The Secretary of State may apply to the court (as defined in section 124Q) for an order under this section. (3) The court may make an order— (a) making alterations of the registry's constitution, and (b) requiring the registry not to make any alterations, or any specified alterations, of its constitution without the leave of the court. (4) An order under this section may contain only such provision as the court considers appropriate for securing that the registry remedies the failure specified in the notification under section 124O. (5) In this section— “constitution” means, in the case of a company, the articles of association and, in the case of a limited liability partnership, the limited liability partnership agreement; “limited liability partnership agreement” means the agreement or agreements, whether express or implied, between the members of a limited liability partnership, and between the partnership and the members of the partnership, determining— the mutual rights and duties of the members, and their rights and duties in relation to the partnership.

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124S Mobile phone providers' duty to enable billing limits to be applied

(1) The provider of a mobile phone service must not enter into a contract to provide the service unless the customer has been given an opportunity to specify a billing limit in the contract. (2) In relation to a contract to provide a mobile phone service— (a) a billing limit is a limit on the amount the customer may be charged for provision of the service in respect of each billing period, and (b) a billing period is one of successive periods specified in the contract and together making up the period for which the contract remains in force. (3) A contract to provide a mobile phone service must provide for the customer on reasonable notice at any time— (a) to specify a billing limit if none is specified for the time being, (b) to amend or remove a limit in respect of all billing periods or a specified billing period. (4) In any billing period the provider must— (a) so far as practicable, notify the customer in reasonable time if a limit is likely to be reached before the end of the period, and (b) notify the customer as soon as practicable if a limit is reached before the end of the period. (5) A limit may be exceeded in relation to a billing period only if the customer agrees after a notification under subsection (4)(a) or (b). (6) If the provider continues to provide the service after a limit is reached, the customer's use of the service does not constitute agreement to the limit being exceeded. (7) The provider must give the customer confirmation in writing of— (a) the decision made by the customer in accordance with subsection (1), (b) any decision of the customer under provision made in accordance with subsection (3), and (c) any agreement by the customer in accordance with subsection (5). (8) This section applies to agreeing to extend a contract as it applies to entering into a contract, and in that case the reference in subsection (2)(b) to the period for which the contract remains in force is a reference to the period of the extension. (9) Nothing in this section affects a provider's duty to comply with requirements to enable calls to emergency services. (10) In this section— “customer” does not include a person who is a customer as a communications provider; “mobile phone service” means an electronic communications service which is provided in the course of a business wholly or mainly so as to be available to members of the public for the purpose of communicating with others, or accessing data, by mobile phone.

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124T Enforcement of duty to enable billing limits to be applied

(1) Sections 96A to 96C apply in relation to a contravention of a requirement under section 124S as they apply in relation to a contravention of a condition set under section 45, with the following modifications. (2) Section 96A(2)(f) and (g) (OFCOM directions) do not apply. (3) Section 96A(5) to (7) (action under the Competition Act 1998) do not apply. (4) The amount of a penalty imposed under sections 96A to 96C, as applied by this section, other than a penalty falling within section 96B(4), is to be such amount not exceeding £2 million as OFCOM determine to be— (a) appropriate; and (b) proportionate to the contravention in respect of which it is imposed.

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124U Rights of end-users in relation to contract termination

(1) Where an end-user has (whether under an enactment or at common law) the right to terminate a contract for a public electronic communications service before the end of the agreed contract period— (a) no compensation is to be due by the end-user, except compensation for any retained terminal equipment; (b) if the end-user chooses to retain terminal equipment to which the contract relates— (i) the compensation payable for the equipment is not to exceed the amount determined under subsection (2); and (ii) on payment of the compensation, the provider must lift any conditions restricting the use of the terminal equipment on an electronic communications network of another communications provider. (2) The maximum amount of compensation is whichever is the lesser of the following— (a) the remaining part of any fee for the service until the end of the agreed contract period; or (b) a proportion of the value of the terminal equipment, as agreed at the time of the conclusion of the contract, corresponding to the proportion of the agreed contract period that remains unexpired. (3) Where the public electronic communications service is a transmission service involving an automated transfer of data and information between devices or software-based applications with limited or no human interaction, subsection (1) does not apply unless the end-user is a qualifying end-user, as defined by section 51(9). (4) Where the contract referred to in subsection (1) is, or is included in, a bundled contract, subsection (1) applies to all the elements of the bundled contract, unless the end-user— (a) falls within paragraph (b) or (c) of the definition of “qualifying end-user” in section 51(9); and (b) has waived the rights conferred by this subsection.

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124V Further rights relating to bundled contracts

(1) Subsection (2) applies where— (a) an individual, acting for purposes other than those of a business, has entered into a bundled contract; (b) the individual has (whether under an enactment or at common law) the right to terminate any element of the bundled contract before the end of the agreed contract period because of a lack of conformity with the contract or a failure to supply. (2) The individual has the right to terminate all elements of the bundled contract.

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124W Enforcement of obligations of providers under sections 124U and 124V

(1) Sections 96A to 96C apply in relation to a contravention by the provider of a public electronic communications service of the requirements imposed on the provider by sections 124U and 124V as they apply in relation to a contravention of a condition set under section 45, other than an SMP apparatus condition, but with the following modifications. (2) Section 96A(2)(f) and (g) (OFCOM directions) do not apply. (3) Section 96A(5) to (7) (action under the Competition Act 1998) do not apply. (4) The amount of a penalty imposed under sections 96A to 96C, as applied by this section, other than a penalty falling within section 96B(4), is to be such amount not exceeding £2 million as OFCOM determine to be— (a) appropriate; and (b) proportionate to the contravention in respect of which it is imposed.

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125 Dishonestly obtaining electronic communications services

(1) A person who— (a) dishonestly obtains an electronic communications service, and (b) does so with intent to avoid payment of a charge applicable to the provision of that service, is guilty of an offence. (2) It is not an offence under this section to obtain a service mentioned in section 297(1) of the Copyright, Designs and Patents Act 1988 (c. 48) (dishonestly obtaining a broadcasting ... service provided from a place in the UK). (3) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

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126 Possession or supply of apparatus etc. for contravening s. 125

(1) A person is guilty of an offence if, with an intention falling within subsection (3), he has in his possession or under his control anything that may be used— (a) for obtaining an electronic communications service; or (b) in connection with obtaining such a service. (2) A person is guilty of an offence if— (a) he supplies or offers to supply anything which may be used as mentioned in subsection (1); and (b) he knows or believes that the intentions in relation to that thing of the person to whom it is supplied or offered fall within subsection (3). (3) A person’s intentions fall within this subsection if he intends— (a) to use the thing to obtain an electronic communications service dishonestly; (b) to use the thing for a purpose connected with the dishonest obtaining of such a service; (c) dishonestly to allow the thing to be used to obtain such a service; or (d) to allow the thing to be used for a purpose connected with the dishonest obtaining of such a service. (4) An intention does not fall within subsection (3) if it relates exclusively to the obtaining of a service mentioned in section 297(1) of the Copyright, Designs and Patents Act 1988 (c. 48). (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; and (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both. (6) In this section, references, in the case of a thing used for recording data, to the use of that thing include references to the use of data recorded by it.

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127 Improper use of public electronic communications network

(1) A person is guilty of an offence if he— (a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) causes any such message or matter to be so sent. (2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he— (a) sends by means of a public electronic communications network, a message that he knows to be false, (b) causes such a message to be sent; or (c) persistently makes use of a public electronic communications network. (3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. (4) Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)). (5) An information or complaint relating to an offence under this section may be tried by a magistrates' court in England and Wales or Northern Ireland if it is laid or made— (a) before the end of the period of 3 years beginning with the day on which the offence was committed, and (b) before the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the prosecutor which the prosecutor considers sufficient to justify proceedings. (6) Summary proceedings for an offence under this section may be commenced in Scotland— (a) before the end of the period of 3 years beginning with the day on which the offence was committed, and (b) before the end of the period of 6 months beginning with the day on which evidence comes to the knowledge of the prosecutor which the prosecutor considers sufficient to justify proceedings, and section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of this subsection as it applies for the purposes of that section. (7) A certificate of a prosecutor as to the date on which evidence described in subsection (5)(b) or (6)(b) came to his or her knowledge is conclusive evidence of that fact.

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128 Notification of misuse of networks and services

(1) Where OFCOM determine that there are reasonable grounds for believing that a person has persistently misused an electronic communications network or electronic communications services, 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 use that OFCOM consider constitutes persistent misuse; and (c) specifies the period during which the person notified has an opportunity of making representations about the matters notified. (3) That period must not be less than the following— (a) in an urgent case, seven days; and (b) in any other case, one month. (4) A case is an urgent case for the purposes of subsection (3) if OFCOM consider— (a) that the misuse in question is continuing; and (b) that the harm it causes makes it necessary for it to be stopped as soon as possible. (5) For the purposes of this Chapter a person misuses an electronic communications network or electronic communications service if— (a) the effect or likely effect of his use of the network or service is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety; or (b) he uses the network or service to engage in conduct the effect or likely effect of which is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety. (6) For the purposes of this Chapter the cases in which a person is to be treated as persistently misusing a network or service include any case in which his misuse is repeated on a sufficient number of occasions for it to be clear that the misuse represents— (a) a pattern of behaviour or practice; or (b) recklessness as to whether persons suffer annoyance, inconvenience or anxiety. (7) For the purpose of determining whether misuse on a number of different occasions constitutes persistent misuse for the purposes of this Chapter, each of the following is immaterial— (a) that the misuse was in relation to a network on some occasions and in relation to a service on others; (b) that different networks or services were involved on different occasions; and (c) that the persons who were or were likely to suffer annoyance inconvenience or anxiety were different on different occasions. (8) If he considers that appropriate alternative means of dealing with it exists, the Secretary of State may by order provide that a use of a description specified in the order is not to be treated for the purposes of this Chapter as a misuse of an electronic communications network or electronic communications service.

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129 Enforcement notifications for stopping persistent misuse

(1) This section applies where— (a) a person (“the notified misuser”) has been given a notification under section 128; (b) OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and (c) the period allowed for the making of the representations has expired. (2) OFCOM may give the notified misuser an enforcement notification if they are satisfied— (a) that he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service; and (b) that he has not, since the giving of the notification, taken all such steps as OFCOM consider appropriate for— (i) securing that his misuse is brought to an end and is not repeated; and (ii) remedying the consequences of the notified misuse. (3) An enforcement notification is a notification which imposes a requirement on the notified misuser to take all such steps for— (a) securing that his misuse is brought to an end and is not repeated, and (b) remedying the consequences of the notified misuse, as may be specified in the notification. (4) A decision of OFCOM to give an enforcement notification to a person must fix a reasonable period for the taking of the steps required by the notification. (5) It shall be the duty of a person to whom an enforcement notification has been given to comply with it. (6) That duty shall be 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 (c. 36); or (c) for any other appropriate remedy or relief. (7) References in this section to remedying the consequences of misuse include references to paying an amount to a person— (a) by way of compensation for loss or damage suffered by that person; or (b) in respect of annoyance, inconvenience or anxiety to which he has been put.

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130 Penalties for persistent misuse

(1) This section applies (in addition to section 129) where— (a) a person (“the notified misuser”) has been given a notification under section 128; (b) OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and (c) the period allowed for the making of the representations has expired. (2) OFCOM may impose a penalty on the notified misuser if he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service. (3) OFCOM may also impose a penalty on the notified misuser if he has contravened a requirement of an enforcement notification given in respect of the notified misuse. (4) The amount of a penalty imposed is to be such amount not exceeding £2,000,000 as OFCOM determine to be— (a) appropriate; and (b) proportionate to the misuse in respect of which it is imposed. (5) In making that determination OFCOM must have regard to— (a) any representations made to them by the notified misuser; (b) any steps taken by him for securing that his misuse is brought to an end and is not repeated; and (c) any steps taken by him for remedying the consequences of the notified misuse. (6) Where OFCOM impose a penalty on a person under this section, they shall— (a) notify the person penalised; and (b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid. (7) A penalty imposed under this section— (a) must be paid to OFCOM; and (b) if not paid within the period fixed by them, is to be recoverable by them accordingly. (8) It is to be possible for a person to be both liable for an offence under sections 125 to 127 and to have a penalty imposed on him under this section in respect of the same conduct. (9) 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 (4). (10) No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

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131 Statement of policy on persistent misuse

(1) It shall be the duty of OFCOM to prepare and publish a statement of their general policy with respect to the exercise of their powers under sections 128 to 130. (2) OFCOM may from time to time revise that statement as they think fit. (3) Where OFCOM make or revise their statement of policy under this section, they must publish that statement or (as the case may be) the revised statement in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it. (4) It shall be the duty of OFCOM, in exercising the powers conferred on them by sections 128 to 130, to have regard to the statement for the time being in force under this section.

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132 Powers to require suspension or restriction of a provider’s entitlement

(1) If the Secretary of State has reasonable grounds for believing that it is necessary to do so— (a) to protect the public from any threat to public safety or public health, or (b) in the interests of national security, he may, by a direction to OFCOM, require them to give a direction under subsection (3) to a person (“the relevant provider”) who provides an electronic communications network or electronic communications service or who makes associated facilities available. (2) OFCOM must comply with a requirement of the Secretary of State under subsection (1) by giving to the relevant provider such direction under subsection (3) as they consider necessary for the purpose of complying with the Secretary of State’s direction. (3) A direction under this section is— (a) a direction that the entitlement of the relevant provider 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) a direction that that entitlement is restricted in the respects set out in the direction. (4) A direction under subsection (3)— (a) must specify the networks, services and facilities to which it relates; and (b) except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given. (5) A direction under subsection (3)— (a) in providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and (b) in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the relevant provider as appear to OFCOM to be appropriate for the purpose of protecting that provider’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 relevant provider’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) Where OFCOM give a direction under subsection (3), they shall, as soon as practicable after doing so, provide that person with an opportunity of— (a) making representations about the effect of the direction; and (b) proposing steps for remedying the situation. (8) If OFCOM consider it appropriate to do so (whether in consequence of any representations or proposals made to them under subsection (3) or otherwise), they may, without revoking it, at any time modify the terms of a direction under subsection (3) in such manner as they consider appropriate. (9) If the Secretary of State considers it appropriate to do so, he may, by a direction to OFCOM, require them to revoke a direction under subsection (3). (10) Where OFCOM modify or revoke a direction they have given under subsection (3), they may do so— (a) with effect from such time as they may direct; (b) subject to compliance with such requirements as they may specify; and (c) to such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine. (11) It shall be the duty of OFCOM to comply with— (a) a requirement under subsection (9) to revoke a direction; and (b) a requirement contained in that direction as to how they should exercise their powers under subsection (10) in the case of the required revocation.

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133 Enforcement of directions under s. 132

(1) A person is guilty of an offence if he provides an electronic communications network or electronic communications service, or makes available any associated facility— (a) while his entitlement to do so is suspended by a direction under section 132; or (b) in contravention of a restriction contained in such a direction. (2) A person guilty of an offence under subsection (1) shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (3) The duty of a person to comply with a condition of a direction under section 132 shall be a duty owed to every person who may be affected by a contravention of the condition. (4) Where a duty is owed by virtue of subsection (3) to a person— (a) a breach of the duty that causes that person to sustain loss or damage, and (b) an act which— (i) by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and (ii) is done wholly or partly for achieving that result, shall be actionable at the suit or instance of that person. (5) In proceedings brought against a person by virtue of subsection (4)(a) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid contravening the condition in question. (6) Sections 96A to 99 apply in relation to a contravention of conditions imposed by a direction under section 132 as they apply in relation to a contravention of conditions set under section 45 , other than SMP apparatus conditions .

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134 Restrictions in leases and licences

(1) This section applies where provision contained in a lease, licence or other agreement relating to premises has the effect of imposing on the occupier a prohibition or restriction under which his choice of— (a) the person from whom he obtains electronic communications services, or particular electronic communications services, or (b) the person through whom he arranges to be provided with electronic communications services, or particular electronic communications services, is confined to a person with an interest in the premises, to a person selected by a person with such an interest or to persons who are one or the other. (2) This section also applies where— (a) provision contained in a lease for a year or more has the effect of imposing any other prohibition or restriction on the lessee with respect to an electronic communications matter; or (b) provision contained in an agreement relating to premises to which a lease for a year or more applies has the effect of imposing a prohibition or restriction on the lessee with respect to such a matter. (3) A provision falling within subsection (1) shall have effect— (a) as if the prohibition or restriction applied only where the lessor, licensor or other party to the agreement has not given his consent to a departure from the requirements imposed by the prohibition or restriction; and (b) as if the lessor, licensor or other party were required not to withhold that consent unreasonably. (4) A provision falling within subsection (2)(a) or (b) shall have effect— (a) in relation to things done inside a building occupied by the lessee under the lease, or (b) for purposes connected with the provision to the lessee of an electronic communications service, as if the prohibition or restriction applied only where the lessor has not given his consent in relation to the matter in question and as if the lessor were required not to withhold that consent unreasonably. (5) Where (whether by virtue of this section or otherwise) a provision falling within subsection (1) or (2) imposes a requirement on a lessor, licensor or party to an agreement not unreasonably to withhold his consent— (a) in relation to an electronic communications matter, or (b) to the obtaining by the occupier of premises of an electronic communications service from or through a particular person, the question whether the consent is unreasonably withheld has to be determined having regard to all the circumstances and to the principle that no person should unreasonably be denied access to an electronic communications network or to electronic communications services. (6) OFCOM may by order provide for this section not to apply in the case of such provisions as may be described in the order. (7) References in this section to electronic communications matters are references to— (a) the provision of an electronic communications network or electronic communications service; (b) the connection of electronic communications apparatus to a relevant electronic communications network or of any such network to another; and (c) the installation, maintenance, adjustment, repair, alteration or use for purposes connected with the provision of such a network or service of electronic communications apparatus. (8) In this section— “alteration” has the same meaning as in the electronic communications code; “lease” includes— a leasehold tenancy (whether in the nature of a head lease, sub-lease or under lease) and an agreement to grant such a tenancy, and in Scotland, a sub-lease and an agreement to grant a sub-lease, and “lessor” and “lessee” are to be construed accordingly; “lease”— in relation to England and Wales and Northern Ireland, includes— any head lease, sub-lease or underlease, any tenancy (including a sub-tenancy), and any agreement to grant any such lease or tenancy; in relation to Scotland, includes any sub-lease and any agreement to grant a sub-lease, and “lessor” and “lessee” are to be construed accordingly; “relevant electronic communications network” means— a public electronic communications network that is specified for the purposes of this section in an order made by the Secretary of State; or an electronic communications network that is, or is to be, connected (directly or indirectly) to such a network. (9) This section applies to provisions contained in leases, licences or agreements granted or entered into before the commencement of this section to the extent only that provision to that effect is contained in an order made by OFCOM. (10) This section is not to be construed as affecting the operation of paragraph 2(3) of the electronic communications code (lessees etc. bound by rights granted under code by owners). (11) The consent of the Secretary of State is required for the making by OFCOM of an order under this section. (12) Section 403 applies to the powers of OFCOM to make orders under this section. (13) A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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134A OFCOM reports on infrastructure etc

(1) OFCOM must prepare reports in accordance with subsections (2) and (3) and each report must deal with— (a) the electronic communications networks matters listed in section 134B(1), and (b) the electronic communications services matters listed in section 134B(2). (2) The first report must— (a) relate to the position on a day specified in the report which falls within the period of 12 months beginning with the day on which this section comes into force, and (b) be sent to the Secretary of State by OFCOM not more than 2 months after the specified day. (3) A further report must— (a) be prepared for each relevant period, and (b) be sent to the Secretary of State by OFCOM as soon as practicable after the end of the relevant period. (4) “Relevant period” means— (a) the period of 3 years beginning with the day specified in the first report, and (b) each subsequent period beginning with the end of the previous period and ending at such time not more than 3 years after the end of the previous period as OFCOM may determine. (5) Where there is a significant change in connection with a matter listed in section 134B(1) or (2) and OFCOM consider that the change should be brought to the attention of the Secretary of State, OFCOM must— (a) prepare a report on the change, and (b) send it to the Secretary of State as soon as practicable. (6) For the purposes of subsection (5), a change is significant if OFCOM consider that it has, or is likely to have, a significant adverse impact on— (a) persons carrying on business in the United Kingdom or a part of the United Kingdom, or (b) the general public in the United Kingdom or a part of the United Kingdom. (7) OFCOM must publish every report under this section— (a) as soon as practicable after they send it to the Secretary of State, and (b) 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. (8) OFCOM may exclude information from a report when it is published under subsection (7) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.

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134AA Additional OFCOM reports on infrastructure etc

(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.

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134AB Publication of information required for purpose of preparing reports

(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.

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134AC Use of reports

(1) The Secretary of State must have regard to reports received from OFCOM under section 134A, or published by OFCOM under section 134AA, when exercising functions for any of the relevant purposes. (2) The relevant purposes are— (a) the allocation of public funds for the bringing into operation of electronic communications networks; (b) the design of national broadband plans; (c) verifying the availability of services to which universal service conditions apply. (3) Any other public authority must have regard to reports published by OFCOM under section 134AA when exercising functions for either of the purposes specified in subsection (2)(a) and (b).

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134B Networks and services matters

(1) For the purposes of sections 134A and 134AA, the electronic communications networks matters are— (a) the different types of electronic communications network provided in the United Kingdom (“UK networks”), (b) the geographic coverage of the different UK networks, (c) the proportion of the population covered by the different UK networks, (d) the extent to which UK networks share infrastructure, (e) the capacity of the different UK networks, (f) the extent to which the providers of the different UK networks allow other communications providers to use their networks to provide services, (fa) the quality of service available on different UK networks, by reference to such parameters as OFCOM consider appropriate, (g) the amount of time for which the different UK networks are and are not available, including the steps that have been or are to be taken to maintain or improve the level of availability, (h) the preparations made by providers of UK networks for responding to an emergency, including preparations for restoring normal operation of UK networks disrupted by the emergency,... (ha) the extent to which providers of public UK networks are complying with the duties imposed on them by or under sections 105A to 105D, (i) the standard of the different UK networks in comparison with electronic communications networks provided in a range of other countries, having regard, in particular, to their coverage and capacity, and (j) any proposals that providers of UK networks may at any time have to do any of the following within the next 3 years— (i) to bring into operation a new very high capacity network, other than a mobile network, or (ii) to extend or upgrade any part of a fixed line network or its equivalent, such as a fixed wireless access network, so as to provide a download speed of at least 100 megabits per second. (2) For the purposes of sections 134A and 134AA, the electronic communications services matters are— (a) the use of the electromagnetic spectrum for wireless telegraphy in the United Kingdom, (b) the different types of electronic communications service provided in the United Kingdom (“UK services”), (c) the geographic coverage of the different UK services, (d) the proportion of the population covered by the different UK services, (e) the amount of time for which the different UK services are and are not available, including the steps that have been or are to be taken to maintain or improve the level of availability, (f) the preparations made by providers of UK services for responding to an emergency, including preparations for restoring normal operation of UK services disrupted by the emergency, (fa) the extent to which providers of public UK services are complying with the duties imposed on them by or under sections 105A to 105D, and (g) the standard of the different UK services in comparison with electronic communications services provided in a range of other countries. (3) The preparations referred to in subsections (1)(h) and (2)(f) include— (a) the steps taken to assess the risks of different types of emergency occurring, (b) the steps taken to reduce or remove those risks, and (c) the testing of proposed responses to different types of emergency. (4) In a report under section 134A or 134AA, OFCOM are required to include only information about, and analysis of, such networks, services and providers as they consider appropriate. (5) In this section “emergency” means an event or situation that seriously disrupts a UK network or UK service.

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134C OFCOM reports on internet domain names

(1) OFCOM must, if requested to do so by the Secretary of State— (a) prepare a report on matters specified by the Secretary of State relating to internet domain names, and (b) send the report to the Secretary of State as soon as practicable. (2) The specified matters may, in particular, include matters relating to— (a) the allocation and registration of internet domain names, and (b) the misuse of internet domain names. (3) OFCOM must publish every report under this section— (a) as soon as practicable after they send it to the Secretary of State, and (b) 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. (4) OFCOM may exclude information from a report when it is published under subsection (3) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.

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134D Comparative overviews of quality and prices

(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.

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135 Information required for purposes of certain OFCOM functions

(1) OFCOM may require a person falling within subsection (2) to provide them with all such information as they consider necessary for the purpose of carrying out their functions under— (a) section 14(1), (b) section 26, so far as relating to matters in relation to which they have functions under this Chapter, or (c) this Chapter. (2) The persons falling within this subsection are— (a) a communications provider; (b) a person who has been a communications provider; (c) a person who makes, or has made, any associated facilities available to others; (d) a person, other than a communications provider, to whom a universal service condition applies or has applied; (e) a person who supplies electronic communications apparatus; (f) a person not falling within the preceding paragraphs who appears to OFCOM to have information required by them for the purpose of carrying out their functions under this Chapter. (g) a person who provides or has provided a number-independent interpersonal communications service and appears to OFCOM to have information relevant to their functions under section 14(1). (3) The information that may be required by OFCOM under subsection (1) includes, in particular, information that they require for any one or more of the following purposes— (a) ascertaining whether a contravention of a condition or other requirement set or imposed by or under this Chapter has occurred or is occurring; (b) ascertaining or verifying the charges payable by a person under section 38; (c) ascertaining whether a provision of a condition set under section 45 which is for the time being in force continues to be effective for the purpose for which it was made; (d) ascertaining or verifying amounts payable by virtue of a condition falling within section 51(1)(d); (e) making a designation in accordance with regulations made under section 66; (f) carrying out a review under section 66 , 70 or 72A; (fa) ascertaining whether a commitment which is made binding by a commitments decision continues to be effective for the purpose for which it was made binding under section 93A(8); (g) identifying markets and carrying out market analyses in accordance with, or for the purposes of, any provision of this Chapter; (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) considering a matter in exercise of that duty; (iza) carrying out an assessment under section 105N; (izb) preparing a report under section 105Z; (izc) assessing the risk of a security compromise occurring in relation to a public electronic communications network or a public electronic communications service; (izd) preparing a report under section 105Z12; (ia) preparing a report under section 124F; (ib) carrying out an assessment, taking steps or providing a report under section 124G; (ic) preparing a report under section 134A; (ica) preparing a report under section 134AA; (id) preparing a report under section 134C; (ie) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (if) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ig) identifying electronic communications apparatus that is suitable for shared use; (j) statistical purposes connected with the carrying out of any of OFCOM’s functions under this Chapter. (3A) The descriptions of information that a person may be required to provide under subsection (1) include, in particular— (za) information concerning future developments of a public electronic communications network or public electronic communications service that could have an impact on the security of the network or service, (a) information concerning future developments of an electronic communications network or electronic communications service that could have an impact on the wholesale services made available by the person to competitors, and (b) if a market power determination made in relation to a wholesale market is in force in the person’s case, accounting data relating to any retail market associated with the wholesale market. (3B) In subsection (2)(g), “number-independent interpersonal communications service” means an interpersonal communications service, as defined by section 32A(2), other than— (a) a number-based interpersonal communications service; or (b) a service where the interpersonal and interactive communication is merely a minor ancillary feature that is intrinsically linked to another service. (3C) OFCOM may require a person falling within subsection (2)— (a) to produce, generate or obtain security information for the purpose of providing it under subsection (1); (b) to collect or retain security information that the person would not otherwise collect or retain for the purpose of providing it under subsection (1); (c) to process, collate or analyse any information held by the person (including information the person has been required to collect or retain) for the purpose of producing or generating security information to be provided under subsection (1). (3D) In subsection (3C) “security information” means information OFCOM consider necessary for the purpose of carrying out their functions under sections 105L to 105Z. (4) A person must comply with a requirement imposed under this section in such manner and within such reasonable period as may be specified by OFCOM. (5) The powers in this section are subject to the limitations in section 137.

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136 Information required for related purposes

(1) OFCOM may require— (a) a communications provider, or (b) a person who makes associated facilities available to others, to provide OFCOM with all such information as they consider necessary for the purpose of carrying out comparative overviews under section 134D . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) OFCOM may also require— (a) a communications provider, or (b) a person who makes associated facilities available to others, to provide them, for use for such statistical purposes as they think fit, with information relating to any electronic communications network, electronic communications service or associated facilities. (4) A person required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM. (5) The powers in this section are subject to the limitations in section 137.

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137 Restrictions on imposing information requirements

(1) This section limits the purposes for which, and manner in which, requirements may be imposed under sections 135 and 136. (2) OFCOM are not to require the provision of information for the purpose of ascertaining whether a contravention of a general condition has occurred, or is occurring, unless— (a) the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint; (b) the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not the general condition in question has been complied with; (c) the condition in question is one which OFCOM have reason to suspect is one that has been or is being contravened; ... (d) the condition in question is one falling within section 51(1)(d) ; or (e) the condition in question is one relating to the effective and efficient use of telephone numbers. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) OFCOM are not to require the provision of information under section 135 or 136 except— (a) by a demand for the information that describes the required information and sets out OFCOM’s reasons for requiring it; and (b) where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of OFCOM’s functions. (4) The reasons for requiring information for statistical purposes under section 135 or 136 must set out the statistical purposes for which the information is required. (5) Except in the case of a demand made in the manner authorised by subsection (6), a demand for information required under section 135 or 136 must be contained in a notice served on the person from whom the information is required. (6) In the case of information required by OFCOM for the purpose of ascertaining who is liable to charges under section 38, the demand may— (a) be made by being published in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who are described in the demand as the persons from whom the information is required; and (b) take the form of a general demand for a person so described to provide information when specified conditions relevant to his liability to such charges are satisfied in his case. (7) OFCOM are not to impose a requirement on a person under section 135(3C) except by a notice served on the person that sets out the requirement and OFCOM’s reasons for imposing it.

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137A Information required from communications providers

(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. (2) The information that OFCOM may require the communications provider to publish or provide under subsection (1) includes information that OFCOM require the provider to produce, generate or obtain for that purpose. (3) For that purpose OFCOM may, in particular, require the communications provider— (a) to collect or retain any information that the provider would not otherwise collect or retain, (b) to process, collate or analyse any information held by the provider, or (c) to answer any questions. (4) The power conferred by this section may be exercised only— (a) in connection with OFCOM's functions— (i) under Part 1, so far as relating to electronic communications, or (ii) under this Chapter, and (b) in such a way as is proportionate to the use to which the information is to be put in connection with those functions. (5) The power conferred by this section is to be exercised by a demand, contained in a notice served on the communications provider, that— (a) describes the information required to be published or provided, and (b) sets out OFCOM's reasons for requiring it to be published or provided. (6) Before serving the notice on the communications provider, OFCOM must— (a) serve a draft of the notice on the provider and inform the provider of the period for making representations, and (b) consider any representations made by the provider within that period which— (i) identify restrictions on the disclosure or publication of information that would or might prevent the provider from complying with the notice, or (ii) otherwise relate to the practicability of complying with it. (7) The communications provider must publish or provide the information required by the notice in such manner and form, in accordance with such other requirements, and within such reasonable period, as may be specified by OFCOM. (8) Where OFCOM publish anything provided to them pursuant to subsection (1)(b) they must do so in such manner and form as they consider appropriate.

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137B Section 137A: confidential matters

(1) In exercising functions under section 137A, OFCOM must have regard to the need to exclude from publication, so far as that is practicable, the matters which are confidential in accordance with subsections (2) and (3). (2) A matter is confidential under this subsection if— (a) it relates specifically to the affairs of a particular body, and (b) publication of that matter would or might, in OFCOM's opinion, seriously and prejudicially affect the interests of that body. (3) A matter is confidential under this subsection if— (a) it relates to the private affairs of an individual, and (b) publication of that matter would or might, in OFCOM's opinion, seriously and prejudicially affect the interests of that individual.

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138 Notification of contravention of information requirements

(1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 135, 136 or 137A, 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 requirement and contravention in respect of which that determination has been made; ... (c) specifies the period during which the person notified has an opportunity to make representations; (d) specifies what the person must do in order to comply with the requirement; (e) specifies any penalty which OFCOM are minded to impose in accordance with section 139; and (f) where the contravention is serious, specifies any direction which OFCOM are minded to give under section 140. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) 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. (9) Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement 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. (9A) OFCOM may not give a person a notification under this section in respect of a contravention of a requirement imposed under section 135(3)(ig) if the information required was previously provided by the person to OFCOM within the period of 6 months ending with the day on which the requirement was imposed. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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139 Penalties for contravention of information requirements

(1) This section applies where a person is given a notification under section 138 which specifies a proposed penalty. (2) OFCOM may specify a penalty if— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) no proceedings for an offence under section 144 have been brought against the notified person in respect of the contravention. (3) Where a notification under section 138 relates to more than one contravention, a separate penalty may be specified in respect of each contravention. (4) Where such a 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. (4A) 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 139A(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. (4B) The amount of a penalty under subsection (4A) is to be such amount not exceeding £500 per day as OFCOM determine to be— (a) appropriate; and (b) proportionate to the contravention in respect of which it is imposed. (5) The amount of any other penalty notified under this section is to be such amount not exceeding £2,000,000 as OFCOM determine to be both— (a) appropriate; and (b) proportionate to the contravention in respect of which it is imposed. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) 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 (5). (10) No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

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139ZA Higher penalties for certain contraventions

(1) This section applies where— (a) a person is given a notification under section 138 which specifies a proposed penalty; and (b) the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that— (a) the proposed penalty is in respect of a contravention of a requirement to provide information under section 135; and (b) the demand for the information contains a statement that OFCOM consider the information to be necessary for the purpose of— (i) carrying out any of their functions under sections 105L to 105Z; (ii) preparing a report under section 105Z12. (3) The condition in this subsection is that the proposed penalty is in respect of a contravention of a requirement imposed under subsection (3C) of section 135. (4) Section 139 applies in relation to the proposed penalty as if— (a) in subsection (4B), the maximum penalty specified were £50,000 per day; (b) in subsection (5), the maximum penalty specified were £10 million. (5) The Secretary of State may by regulations amend this section so as to make different provision as to the maximum penalty applying under section 139(4B) or (5). (6) No regulations are to be made containing provision authorised by subsection (5) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

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139A Enforcement of notification under section 138

(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 (c) the period allowed for the making of representations has expired. (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 (c) for any other appropriate remedy or relief. (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.

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139B Power to deal with urgent cases

(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 (c) that the urgency of the case makes it appropriate for OFCOM to take action under this section. (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.

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139C Confirmation of direction under section 139B

(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.

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140 Suspending service provision for information contraventions

(1) OFCOM may give a direction under this section to a person who is a communications provider or who makes associated facilities available (“the contravening provider”) if they are satisfied— (a) that he is or has been in serious or repeated contravention of requirements imposed under sections 135, 136 and 137A, or any or either of them; (b) the requirements are not requirements imposed for purposes connected with the carrying out of OFCOM’s functions in relation to SMP apparatus conditions; (c) in the case of a repeated contravention, that an attempt, by the imposition of penalties or the giving of notifications under section 138 and confirmation decisions under section 139A, or both, or the bringing of proceedings for an offence under section 144, to secure compliance with the contravened requirements has failed; and (d) that the giving of the direction is appropriate and proportionate to the contravention in respect of which it is given. (2) A direction under this section is— (a) a direction that the entitlement of the contravening provider 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) a direction that that entitlement is restricted in the respects set out in the direction. (3) A direction under this section— (a) must specify the networks, services and facilities to which it relates; and (b) except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given. (4) A direction under this section— (a) in providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and (b) in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening provider as appear to OFCOM to be appropriate for the purpose of protecting that provider’s customers. (5) Those conditions may include a condition requiring the making of payments— (a) by way of compensation for loss or damage suffered by the contravening provider’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. (6) If OFCOM consider it appropriate to do so (whether or not in consequence of any 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 (c) to such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine. (7) For the purposes of this section there are repeated contraventions by a person of requirements imposed under sections 135, 136 and 137A, or any of them, to the extent that— (a) in the case of a previous notification of a contravention given to that person under section 138, OFCOM have given a confirmation decision to that person under section 139A(2) in respect of the contravention; and (b) in the period of 24 months following the giving of that confirmation decision, one or more further confirmation decisions have been given to the person in respect of contraventions of numbering conditions; and for the purposes of this subsection it shall be immaterial whether the notifications related to the same contravention or to different contraventions of the same or different requirements or of requirements under different sections.

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