Legalize / United Kingdom / Public General Act

Communications Act 2003

Type Public General Act

Publication 2003-07-17

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

“bridleway” and “footpath”—in relation to England and Wales, have the same meanings as in the Highways Act 1980,in relation to Scotland, have the same meanings as Part 3 of the Countryside (Scotland) Act 1967, andin relation to Northern Ireland, mean a way over which the public have, by virtue of the Access to the Countryside (Northern Ireland) Order 1983 (SI 1983/1895 (NI 18)), a right of way (respectively) on horseback and on foot;

“code agreement” has the meaning given by paragraph 29(5);

“Crown interest” has the meaning given by paragraph 104(2) and (3);

“enactment” includes—an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978,an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, andan enactment comprised in, or in an instrument made under, Northern Ireland legislation;

“land” does not include electronic communications apparatus;

“landowner” has the meaning given by paragraph 37(1);

“lease” includes— in relation to England and Wales and Northern Ireland, any leasehold tenancy (whether in the nature of a head lease, sub-lease or underlease) and any agreement to grant such a tenancy but not a mortgage by demise or sub-demise, andin relation to Scotland, any sub-lease and any agreement to grant a sub-lease,and “lessee” is 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), andany agreement to grant any such lease or tenancy,but does not include a mortgage by demise or sub-demise;in relation to Scotland, includes any sub-lease and any agreement to grant a sub-lease,and “leased premises” and “lessee” are to be read accordingly;

“Part 4A code right” has the meaning given by paragraph 27E(3);

“relevant person” has the meaning given by paragraph 20(1);

“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;

“road”—in relation to Scotland, has the same meaning as in Part 4 of the New Roads and Street Works Act 1991;in relation to Northern Ireland, has the same meaning as in the Roads (Northern Ireland) Order 1993 (SI 1993/3160 (NI 15));

“site provider” has the meaning given by paragraph 30(1);

“street”—in relation to England and Wales, has the same meaning as in Part 3 of the New Roads and Street Works Act 1991, andin relation to Northern Ireland, has the same meaning as in the Street Works (Northern Ireland) Order 1995 (SI 1995/3210 (NI 19)).

(2) In this code, references to the alteration of any apparatus include references to the moving, removal or replacement of the apparatus.

Local digital television services

Notices

Interpretation of provisions about dealer notification

Interpretation of Part 3

TV licences

Power of Secretary of State to make orders and regulations

Regulations and orders made by OFCOM

Interpretation of this Part

Power of Secretary of State to make orders and regulations

Regulations and orders made by OFCOM

Minor and consequential amendments, transitionals and repeals

Billing limits for mobile phones

124S

(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

(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.

124T

(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.

365A

(1) For the purposes of section 365(1A) the BBC may determine that a concession in specified terms is to apply.

(2) Any concession under this section must include a requirement that the person to whom the TV licence is issued, or another person, is of or above a specified age, which must be 65 or higher, at or before the end of the month in which the licence is issued.

(3) A determination under this section—

(a) may in particular provide for a concession to apply, subject to subsection (2), in circumstances where a concession has ceased to have effect by virtue of section 365(5A), but

(b) may not provide for a concession to apply in the same circumstances as a concession within section 365(5B).

(4) A determination under this section may include provision for the means by which an entitlement to a concession must be established.

(5) A determination under this section—

(a) may make different provision for different cases (including different provision in respect of different areas);

(b) may include transitional provision.

(6) A determination under this section—

(a) must be in writing;

(b) must be published in whatever way the BBC considers appropriate.

(7) The BBC—

(a) may vary a determination by a further determination under this section;

(b) may determine that a concession is to cease to apply (and accordingly revoke a determination under this section).

(8) Before making, varying or revoking a determination the BBC must consult any persons it considers appropriate.

Application of the Competition Act 1998 to news provision

General interpretation

Exercise of Part 4A code rights

Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

Criminal liability of company directors etc.

307A

OFCOM must provide a single, easily accessible (including by people with disabilities), online point of contact for providing information and receiving complaints regarding accessibility issues which relate to matters dealt with by sections 303 to 307 and the code drawn up by OFCOM under section 303.

335B

(1) OFCOM must establish and maintain an up to date list of persons providing—

(a) a television programme service, or

(b) a digital additional television service,

which are subject to regulation by OFCOM as a result of one of the provisions listed in subsection (1A).

(1A) The provisions are—

(a) section 198 (regulation of the BBC by OFCOM);

(b) section 203 (regulation of S4C by OFCOM);

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

(3) OFCOM must publish the up to date list on a publicly accessible part of their website.

(4) The regulatory regime for each service mentioned in subsection (1) (other than any service provided by the BBC or S4C) must include the condition that the persons providing the service must notify OFCOM of any changes that may affect whether or not the service falls to be regulated by OFCOM under section 211.

368ZA

This Part applies in relation to the provision of programmes with or without sounds which consist of moving or still images, or of legible text, or of a combination of those things.

List of providers

368BZA

(1) OFCOM must establish and maintain an up to date list of persons who have—

(a) given a notification to OFCOM under section 368BA(1) of their intention to provide an on-demand programme service, and

(b) not given a further notification under section 368BA(2)(b) of their intention to cease to provide it.

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

(3) OFCOM must publish the up to date list on a publicly accessible part of their website.

368CB

(1) A person providing an on-demand programme service must secure that, in each year, on average at least 30% of the programmes included in the service are European works.

(2) A person providing an on-demand programme service must ensure the prominence of European works in the service.

(3) Subsections (1) and (2) do not apply to a person providing an on-demand programme service in relation to any period throughout which—

(a) the service has a low turnover or a low audience, or

(b) it is impracticable or unjustified for those subsections to apply because of the nature or theme of the service.

(4) An exemption under subsection (3)(b) is at the discretion of the appropriate regulatory authority.

(5) Where a person does not provide an on-demand programme service for a whole year, compliance with subsection (1) is to be assessed in relation to the period in that year during which the person does provide the service.

(6) In assessing a provider’s compliance with subsection (1), any period for which an exemption under subsection (3)(a) or (b) applies to the provider is to be discounted.

(7) In this section—

“European works” has the same meaning as in the Audiovisual Media Services Directive as it has effect in EU law as amended from time to time (see Article 1(1)(n), (2) and (3) of that Directive) and includes works deemed to be European works by Article 1(4) of that Directive;

“programmes” does not include advertisements, news programmes, sports events, games, teletext services or teleshopping.

(8) This section is to be interpreted in accordance with the Communication from the European Commission (2020/C223/03) “Guidelines pursuant to Article 13(7) of the Audiovisual Media Services Directive on the calculation of the share of European works in on-demand catalogues and on the definition of low audience and low turnover” published in Volume 63 of the Official Journal of the European Union on 7 July 2020 as amended from time to time.

368IA

(1) Where the appropriate regulatory authority determine that a provider of an on-demand programme service , or a non-UK on-demand programme service that is a Tier 1 service, has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively, the authority may do one or both of the following—

(a) give the provider an enforcement notification under this section;

(b) impose a financial penalty on the provider in accordance with section 368J.

(2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a failure as mentioned in that subsection is occurring or has occurred and they have allowed the provider an opportunity to make representations about that apparent failure.

(3) An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes requirements on the provider to take such steps for complying with section 368E(4) and for remedying the failure as may be specified in the notification.

(4) The requirements specified in an enforcement notification may in particular include requirements to do one or more of the following—

(a) cease providing or restrict access to—

(i) a specified programme, or

(ii) programmes of a specified description;

(b) cease showing or restrict access to—

(i) a specified advertisement, or

(ii) advertisements of a specified description;

(c) provide additional information to users of the service prior to the selection of a specified programme by the user for viewing;

(d) take a specified measure that the appropriate regulatory authority consider to be appropriate for the purpose mentioned in section 368E(4);

(e) make specified changes to the way in which a provider implements a measure it has taken for that purpose;

(f) show an advertisement only with specified modifications;

(g) publish a correction in the form and place and at the time specified; or

(h) publish a statement of the findings of the appropriate regulatory authority in the form and place and for the time period specified.

(5) An enforcement notification must—

(a) include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and

(b) fix a reasonable period for the taking of the steps required by the notification.

(6) Where a person is required by an enforcement notification to publish a correction or a statement of findings, the person may publish with the correction or statement of findings a statement that it is published in pursuance of the enforcement notification.

(7) It is the duty of a person to whom an enforcement notification has been given to comply with it.

(8) That duty is enforceable in civil proceedings by the appropriate regulatory authority—

(a) for an injunction;

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

(8A) Subsection (8) applies whether or not the person is in the United Kingdom.

(9) If a person to whom an enforcement notification has been given does not comply with it within the period fixed by the appropriate regulatory authority in that enforcement notification, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368J.

368OA

OFCOM may co-operate with EEA States which are subject to the Audiovisual Media Services Directive, and with the national regulatory authorities of such EEA states, for the following purposes—

(a) facilitating the carrying out by OFCOM of any of their functions under this Part, or

(b) facilitating the carrying out by the national regulatory authorities of the EEA states of any of their functions in relation to on-demand programme services under the Directive as it has effect in EU law as amended from time to time.

Preliminary

368S

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368T

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List of providers

368U

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Notification by providers

368V

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368W

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Duties of the appropriate regulatory authority

368X

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Duties of service providers

368Y

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368Z

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368Z1

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Enforcement

368Z2

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368Z3

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368Z4

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Suspension or restriction of service

368Z5

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368Z6

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368Z7

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368Z8

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Fees

368Z9

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Information and reports

368Z10

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368Z11

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368Z12

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Interpretation of Part 4B

368Z13

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SCHEDULE15A

Appropriate measures

1

Paragraphs 2 to 9 set out the measures which it may be appropriate for a person who provides a video-sharing platform service to take in relation to that service for the purposes mentioned in section 368Z1(1).

2

Include terms and conditions to the effect that if a person uploads to the service a video that contains any restricted material, that person must bring it to the attention of the person who is providing the service.

3

Include terms and conditions to the effect that a person must not upload to the service a video containing relevant harmful material.

4

Include terms and conditions to the effect that—

(a) a person must not upload to the service a video containing an audiovisual commercial communication for a product mentioned in section 368Z(2),

(b) a person must not upload to the service a video containing an audiovisual commercial communication for an alcoholic drink unless that communication meets the requirements in section 368Z(3), (4) and (5), and

(c) a person must not upload to the service a video containing an audiovisual commercial communication for anything else unless that communication meets the requirements in section 368Z(4) and (5).

5

Provide functionality for a person uploading a video to the service to declare whether, as far as they know or can reasonably be expected to know, the video contains an audiovisual commercial communication, and include terms and conditions to the effect that a person uploading a video must use the functionality to make such a declaration.

6

Establish and operate—

(a) transparent and user-friendly mechanisms for viewers to report or flag harmful material which is available on the service to the person providing the service;

(b) systems through which the person providing the service explains to persons using the service what effect has been given to the reporting and flagging referred to in sub-paragraph (a);

(d) easy to use systems allowing viewers to rate harmful material.

7

Provide for parental control systems in relation to restricted material.

8

In relation to the implementation of the measures set out in paragraphs 6 and 7, establish and operate a complaints procedure which must be transparent, easy to use and effective, and must not affect the ability of a person to bring a claim in civil proceedings.

9

Provide information and tools for individuals using the service with the aim of improving their media literacy, and raise awareness of the availability of such information and tools.

Interpretation

10

In this Schedule—

“audiovisual commercial communication” has the meaning given by section 368Z13;

“harmful material” means—relevant harmful material, orrestricted material;

“parental control systems” means systems designed to be used by an adult responsible for a person under the age of 18, to control whether or how such persons are able to access videos or audiovisual commercial communications included in a video-sharing platform service;

“relevant harmful material” means—material referred to in section 368E(1), ormaterial referred to in section 368E(3)(za) (read as if the reference to an on-demand programme service were to a video-sharing platform service);

“restricted material” means—material which is prohibited material within the meaning of section 368E by virtue of falling within paragraph (a) or (b) of subsection (3) of that section, orspecially restricted material within the meaning of section 368E (see subsection (5) of that section);

“video” has the meaning given by section 368Z13;

“video-sharing platform service” has the meaning given by section 368S.

32A

(1) In this Chapter “number-based interpersonal communications service” means an interpersonal communications service which—

(a) connects with publicly assigned numbering resources, namely a number or numbers in a national or international numbering plan, or

(b) enables communication with a number or numbers in a national or international numbering plan.

(2) In subsection (1), “interpersonal communications service” means a service which enables direct interpersonal and interactive exchange of information by means of electronic communications networks between a finite number of persons, where the persons initiating or participating in the communication determine its recipient.

Further duty to review tariffs

72C

(1) It is the duty of OFCOM—

(a) to keep under review qualifying service tariffs, other than—

(i) universal service tariffs; or

(ii) tariffs available only to end-users who are carrying on a business; and

(b) to monitor changes to those tariffs.

(2) The reference in subsection (1) to qualifying service tariffs is a reference to the tariffs used by the providers of qualifying services.

(3) In this section—

“qualifying services” means—broadband services at a fixed location;telephone services at a fixed location; andmobile services, as defined by section 65(2BB)(a);

“tariff” includes a pricing structure.

72D

(1) The Secretary of State may direct OFCOM—

(a) to review the affordability of qualifying services for individuals on low incomes or with special social needs, with a view to considering whether to recommend to the Secretary of State the setting of a social tariff condition; and

(b) to report to the Secretary of State on the results of the review.

(2) OFCOM may in their report recommend—

(a) the setting of a social tariff condition to be applied—

(i) generally to every person providing a public electronic communications service;

(ii) generally to every person providing a public electronic communications service of a particular description specified in the report; or

(iii) to a particular person (or particular persons) specified in the report; or

(b) the modification or revocation of a social tariff condition.

(3) OFCOM may recommend the application of a social tariff condition to a particular person (or particular persons) specified in their report only in exceptional circumstances, in particular where the application of a social tariff condition to all providers of public electronic communications services of a particular description would result in an excessive administrative or financial burden on those providers, on OFCOM or on any government department.

(4) The Secretary of State may give guidance to OFCOM as to the matters to which OFCOM are to have regard—

(a) in carrying out a review under subsection (1)(a); and

(b) in making a recommendation under subsection (2).

(5) OFCOM must not recommend the setting or modification of a social tariff condition unless they are satisfied that the condition or (as the case may be) the modification satisfies the test in section 47(2).

(6) Where section 72E does not apply to the recommendation because of subsection (2) of that section—

(a) the recommendation must relate to a social tariff condition that is to be temporary, or to a temporary modification or revocation;

(b) the recommendation must state the period for which it is proposed that the condition, or the modification or revocation, should have effect; and

(c) section 72E does not apply in relation to any recommendation by OFCOM in relation to the extension or making permanent of the temporary condition, modification or revocation.

(7) The Secretary of State may direct OFCOM to implement any recommendation made under subsection (2).

(8) The Secretary of State must publish—

(a) a direction given under subsection (1) or (7); and

(b) guidance given under subsection (4).

(9) OFCOM must publish any report made under subsection (1)(b).

(10) In this section“qualifying services” has the same meaning as in section 72C.

72E

(1) This section applies where—

(a) OFCOM propose to recommend the setting, modification or revocation of a social tariff condition; and

(b) the implementation of the proposed recommendation would, in OFCOM’s opinion, have a significant impact on a market for any of the services, facilities, apparatus or directories in relation to which they have functions under this Chapter.

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

(a) there are exceptional circumstances; and

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

(3) OFCOM must publish a notification—

(a) stating that they are proposing to recommend the setting, modification or revocation of the social tariff condition specified in the notification;

(b) setting out the effect of that condition, modification or revocation;

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

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

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

(6) OFCOM must consider every representation about the proposal made to them during the period specified in the notification.

(7) The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of such persons as OFCOM consider appropriate.

72F

(1) The only provision that may be contained in a social tariff condition set under section 45 is provision requiring the use in relation to a qualifying service, in such cases as may be specified or described in the condition, of such social tariffs as may be so specified or described.

(2) For this purpose a “social tariff” is a special tariff that differs from the tariff provided under normal commercial conditions and is available to an individual who meets criteria relating to low income or special social needs.

(3) A social tariff condition may not be set, modified or revoked under section 45 except in accordance with a direction under section 72D(7).

(4) Subsection (3) does not apply to modifications that in the opinion of OFCOM—

(a) relate only to matters of administration; and

(b) are minor in character.

(5) If by virtue of subsection (4) OFCOM modify a social tariff condition under section 45 in the absence of a direction under section 72D(7), they must, when publishing a notification of the modification under section 48(1), send a copy of the notification to the Secretary of State.

(6) In this section “qualifying service” and “tariff” each has the same meaning as in section 72C.

72G

(1) OFCOM may from time to time review the extent (if any) of the financial burden for a particular communications provider of complying in relation to any matter with a social tariff condition applied to the provider.

(2) The financial burden of so complying is to be taken to be the amount calculated by OFCOM to be the net cost of compliance after allowing for market benefits accruing to the communications provider from the application to the provider of the social tariff condition.

(3) After carrying out a review under this section OFCOM must either—

(a) cause the calculations made by them on the review to be audited by a person who appears to them to be independent of the communications providers who are subject to the social tariff condition; or

(b) themselves carry out an audit of those calculations.

(4) OFCOM must ensure, in the case of every audit carried out under subsection (3), that a report on the audit—

(a) is prepared; and

(b) if not prepared by OFCOM, is provided to them.

(5) It shall be the duty of OFCOM, in the case of every review under this section, to publish—

(a) their conclusions on the review; and

(b) a summary of the report of the audit which was carried out as respects the calculations made for the purposes of that review.

(6) The publication of anything under subsection (5) must be a publication in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

72H

(1) This section applies where OFCOM—

(a) have concluded, on a review under section 72G, that complying in relation to any matter with social tariff conditions imposes a financial burden on a particular communications provider (“the social tariff provider”); and

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

(2) OFCOM must determine, in the case of the social tariff provider, whether they consider it would be unfair for that provider to bear, or to continue to bear, the whole or any part of so much of the burden.

(3) If—

(a) OFCOM determine that it would be unfair for the social tariff provider to bear, or to continue to bear, the whole or a part of the burden, and

(b) an application for a determination under this subsection is made to OFCOM by that provider,

OFCOM may determine that contributions are to be made by communications providers to whom general conditions are applicable for meeting that burden.

(4) Subsections (4) to (9) of section 71 apply for the purposes of this section as if—

(a) references to the designated universal service provider were references to the social tariff provider;

(b) references to universal service conditions were references to social tariff conditions;

(c) the reference to an application for the purposes of subsection (3)(b) of that section were a reference to an application for the purposes of subsection (3)(b) of this section;

(d) references to contributions under subsection (3) of that section were references to contributions under subsection (3) of this section;

(e) references to regulations made under that section were references to regulations made under subsections (4) to (7) of that section as applied by this subsection.

72I

(1) This section applies where regulations made under section 71(4) to (7) as applied by section 72H(4) provide for a scheme for the assessment, collection and distribution of contributions under subsection (3) of that section.

(2) OFCOM must prepare and publish a report setting out, in relation to the period to which it applies—

(a) every determination by OFCOM that has had effect in relation to a time in that period as a determination of the costs of providing anything contained in a social tariff condition;

(b) the market benefits for each communications provider to whom a social tariff condition applies that have accrued to that provider during that period from the application to the provider of the social tariff condition; and

(3) The first report under this section must be prepared in relation to the period of twelve months beginning with the coming into force of the first regulations to be made under section 71(4) to (7) as applied by section 72H(4).

(4) Every subsequent report must be prepared in relation to the period of 12 months beginning with the end of the period to which the previous report applied.

(5) Every report under this section—

(a) must be prepared as soon as practicable after the end of the period to which it is to apply; and

(b) must be published as soon as practicable after its preparation is complete.

(6) OFCOM are not required under this section—

(a) to publish any matter that is confidential in accordance with section 72(7) or (8); or

(b) to publish anything that it would not be reasonably practicable to publish without disclosing such a matter.

(7) The publication of a report under this section must be a publication in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are affected by the matters to which it relates.

74A

(1) OFCOM may apply a condition falling within subsection (2) to a person who provides an electronic communications network (“the host network”) if it appears to OFCOM that—

(a) in a particular local area within the United Kingdom (“the relevant area”), access by end-users to electronic communications services which depend on the use of wireless telegraphy is unavailable or severely restricted;

(b) the unavailability or restriction results from the physical characteristics of the relevant area or from other characteristics of the relevant area that tend to make the bringing into operation of infrastructure uneconomic;

(c) the provider of the host network has not made network access available on fair and reasonable commercial terms and conditions to other persons providing electronic communications services; and

(d) when granting or varying the wireless telegraphy licence relating to the host network, OFCOM had made clear the possibility that a requirement to provide network access or to enter into wholesale roaming access agreements might subsequently be imposed.

(2) A condition falling within this subsection is one requiring the provider of the host network—

(a) to provide network access in relation to network elements which are not active; or

(b) to enter into wholesale roaming access agreements relating to the relevant area or any part of the relevant area, on such terms and conditions as may be specified or described in the condition, in response to a request meeting specified requirements.

(3) If OFCOM are satisfied as to the matters in subsection (1) but it appears to them that in the circumstances a condition falling within subsection (2) does not suffice to address the situation, OFCOM may also apply a condition requiring the provider of the host network to provide network access in relation to network elements which are active.

(4) The conditions authorised by subsection (2) or (3) may include any provision mentioned in subsection (2D) of section 74, reading references in that subsection to subsection (2A) of that section as references to subsection (2) or (3) of this section (as the case requires).

(5) In exercising their powers under this section, OFCOM must have regard to—

(a) the need to maximise the coverage and availability of electronic communications services throughout the United Kingdom, along major transport paths and in particular territorial areas;

(b) the desirability of significantly increasing choice, and improving the quality of service, for end-users;

(d) the technical feasibility of network access and associated conditions;

(e) the extent of infrastructure-based and service-based competition in the market concerned;

(f) the desirability of promoting technological innovation;

(g) the need to maintain incentives for investment in infrastructure.

(6) In this section “a wholesale roaming access agreement” means an agreement between the provider of the host network and the provider of a public electronic communications service that depends on the use of wireless telegraphy (“the roaming provider”) for the purpose of enabling public electronic communications services to be provided in the relevant area to the customers of the roaming provider.

74B

(1) This section applies to a condition set by virtue of section 73(2) or (4A) and applied to a particular person, so long as the condition remains in force, but does not apply to a condition required by section 75(2).

(2) OFCOM must within the specified period review the results of imposing the obligations in question and consider whether the condition should be modified or revoked.

(3) OFCOM must, as soon as reasonably practicable after complying with subsection (2), publish—

(a) a report on the review, and

(b) if the review concludes that the condition should be modified or revoked, a notification under section 48(1) or, where section 48A applies, section 48A(3).

(4) In this section “the specified period”, in relation to a condition, means the period of 5 years beginning with the latest of the following days—

(a) the commencement of this section;

(b) the date of the most recent notification under section 48(1) setting or modifying the condition;

SMP services conditions: wholesale-only undertakings

91A

(1) Subsection (2) applies where—

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

(b) the dominant provider is not engaged in any of the following—

(i) the provision of a public electronic communications network to end-users of public electronic communications services;

(ii) the provision of a public electronic communications service to end-users;

(iii) the making available of associated facilities to end-users of public electronic communications services.

(2) OFCOM must consider whether the following tests are satisfied in the case of the dominant provider.

(3) The first test is that none of the persons specified in subsection (4) has activities in any retail market for electronic communications services provided to end-users in the United Kingdom.

(4) Those persons are—

(a) the dominant provider;

(b) any subsidiary undertaking or parent undertaking of the dominant provider;

(5) The second test is that the dominant provider is not bound to deal with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to end-users, because of an exclusive agreement, or an agreement which amounts in effect to an exclusive agreement.

(6) If OFCOM are satisfied that both those tests are satisfied, OFCOM are not to apply to the dominant provider any SMP condition except one or more of the following—

(a) a condition authorised by section 87(3);

(b) a condition authorised by section 87(6)(a);

(c) a condition which is authorised by section 87(9) and relates to fair and reasonable pricing in connection with the provision of network access to the dominant provider’s network.

(7) Subsection (6) does not restrict OFCOM’s powers in a case where, by reason of the terms and conditions on which the dominant provider is willing to enter into an access contract, OFCOM conclude that competition problems have arisen or are likely to arise to the detriment of end-users.

(8) The dominant provider must notify OFCOM as soon as reasonably practicable of any change in circumstances relevant to the application of the tests in subsections (3) and (5).

(9) If, as a result of a notification under subsection (8) or otherwise, OFCOM determine that either of the tests in subsections (3) and (5) is no longer satisfied in relation to the dominant provider, OFCOM must consider whether to set or modify SMP conditions applying to the dominant provider.

(10) In this section “parent undertaking” and “subsidiary undertaking” each has the meaning given by section 1162 of the Companies Act 2006.

Commitments by network provider

93A

(1) This section applies where OFCOM have made, or are considering the making of, a determination that a person who provides a public electronic communications network (“the dominant provider”) has significant market power in an identified services market.

(2) The dominant provider may notify OFCOM of a proposal to address the competition problems that are identified in the market power determination, or the possible competition problems that are identified in the proposal for a market power determination, by making commitments to provide network access to, or co-investment in, that network.

(3) The proposal must—

(a) be sufficiently detailed to enable OFCOM to undertake a detailed consideration under subsection (6);

(b) specify the period during which the dominant provider is willing to be bound by the commitments; and

(4) If the proposal complies with subsection (3), OFCOM must publish a notification of the proposal.

(5) The notification must—

(a) state that OFCOM are considering whether to accept the proposed commitments;

(b) set out the effect of the proposal and an initial analysis by OFCOM of the proposal; and

(6) OFCOM must—

(a) consider every representation about the proposal and analysis made to them during the period specified in the notification under subsection (5);

(b) notify the dominant provider of their opinion—

(i) that the proposal is adequate to address the competition problems, or possible competition problems, mentioned in subsection (2); or

(ii) that if specified changes were made the proposal would be adequate to address those problems; or

(iii) that for specified reasons the proposal is inadequate to address those problems; and

(7) The dominant provider may then revise the proposal in the light of OFCOM’s opinion.

(8) If the dominant provider notifies OFCOM that the dominant provider is willing to implement the proposal, or the proposal as revised under subsection (7), OFCOM may decide to make the commitments binding, for such period as they may specify in the decision.

(9) A decision under subsection (8) (referred to in this Chapter as a “commitments decision”) takes effect on being notified by OFCOM to the dominant provider and published by OFCOM.

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

93B

(1) Section 93A has effect subject to the provisions of this section in a case where—

(a) the dominant provider referred to in section 93A(1) proposes commitments which include a commitment to open up investment in a network to co-investment (“a co-investment commitment”);

(b) the network is a very high capacity network which consists of optical fibre elements—

(i) up to the premises of the end-user or, where this is technically impracticable, up to the immediate proximity of those premises; or

(ii) up to the base station; and

(d) the dominant provider has notified OFCOM under subsection (2) of section 93A of a proposal complying with subsection (3) of that section.

(2) OFCOM are not required to publish under section 93A(4) a notification complying with section 93A(5) in relation to the proposed co-investment commitment if in their opinion the proposal does not address all the matters specified in subsection (3) of this section.

(3) In considering the proposed co-investment commitment under section 93A(6), OFCOM must, in particular, consider whether in their opinion the offer to co-invest satisfies the following requirements—

(a) it is open at any moment during the lifetime of the network to any provider of electronic communications networks or services;

(b) it would allow other co-investors who are providers of electronic communications networks or services to compete effectively and sustainably in the long term in downstream markets in which the dominant provider is active on terms which include—

(i) fair, reasonable and non-discriminatory terms allowing access to the full capacity of the network to the extent that it is subject to co-investment;

(ii) flexibility in terms of the value and timing of the participation of each co-investor;

(iii) the possibility of increasing such participation in the future;

(iv) reciprocal rights awarded by the co-investors after the bringing into operation of the co-invested infrastructure;

(c) it is made public by the dominant provider in a timely manner and, if the dominant provider is not a wholesale-only undertaking, within such period of not less than 6 months before the bringing into operation of the new network as OFCOM consider appropriate;

(d) persons seeking access to the network but not participating in the co-investment can benefit from the outset from the same quality, speed, conditions and end-user reach as were available before the bringing into operation of the network;

(e) it is accompanied by a mechanism of adaptation over time, confirmed by OFCOM in light of developments on the related retail markets, that—

(i) maintains the incentives to participate in the co-investment; and

(ii) ensures that persons seeking access at any time have access to the very high capacity elements of the network on transparent and non-discriminatory terms which reflect appropriately the degrees of risk incurred by the respective co-investors at different stages of the bringing into operation of the network and take into account the competitive situation in retail markets;

(f) it complies with—

(i) the criteria set out in points (a) to (d) of Annex 4 to the EECC Directive; and

(ii) any additional criteria that OFCOM consider necessary to ensure accessibility of potential investors to the co-investment and publish for the purposes of this section; and

(g) it is made in good faith.

(4) OFCOM must, by a commitments decision, make the co-investment commitment binding if—

(a) in considering the proposal under section 93A(6), they determine that the co-investment commitment—

(i) satisfies (or, if changes specified under section 93A(6) were made, would satisfy) the requirements in subsection (3); and

(ii) is adequate (or, if changes so specified were made, would be adequate) to address the competition problems, or possible competition problems, mentioned in section 93A(2); and

(b) the dominant provider notifies OFCOM under section 93A(8) in relation to the proposal (or, as the case requires, the proposal as revised under section 93A(7)).

(5) In the case of a co-investment commitment, the period specified by OFCOM in a commitments decision must be at least 7 years.

(6) In determining whether the requirements of subsection (3) are met, OFCOM may have regard to any guidelines that are from time to time published by BEREC under Article 76(4) of the EECC Directive (whether before or after IP completion day).

93C

(1) It is the duty of the dominant provider to comply with the commitments specified in a commitments decision during the period specified in the decision.

(2) As soon as practicable after making a commitments decision in a case where SMP services conditions have been applied or would have been applied to the dominant provider, OFCOM must review the appropriateness, having regard to the commitments decision, of the conditions that have been or would have been applied.

(3) In carrying out the review, the matters to which OFCOM are to have regard include—

(a) evidence regarding the fair and reasonable character of the commitments;

(b) whether the commitments involve obligations to all market participants;

(c) whether the commitments promote the timely availability of access under fair, reasonable and non-discriminatory conditions, including access to very high capacity networks, before the launch of related retail services;

(d) the overall adequacy of the commitments to enable sustainable competition on downstream markets and to facilitate co-operative deployment and take-up of very high capacity networks in the interests of end-users.

(4) If, in the case of a commitment made binding as a result of section 93B(4), at least one person has entered into an agreement for co-investment with the dominant provider under the commitments decision, OFCOM must take steps to revoke or modify any SMP services conditions that they consider to be affected by the decision.

(5) Subsection (4) does not apply where, in OFCOM’s opinion, the characteristics of the services market to which the determination referred to in section 93A(1) relates are such that, despite the commitments to which effect is given by the commitments decision, the SMP services condition continues to be necessary in order to address significant competition problems.

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

(7) In this section “dominant provider” means the person who made the proposal to which the commitments decision relates.

93D

(1) This section applies where a commitments decision has effect in relation to a person who provides a public electronic communications network (“the dominant provider”).

(2) The dominant provider may notify OFCOM of a proposed modification of the commitments that are made binding by the commitments decision.

(3) In a case where OFCOM consider that the modification would not have a material effect, they may make a decision under section 93A(8) relating to the commitments as proposed to be modified.

(4) In any other case, OFCOM must notify the dominant provider of their opinion that the proposed modification would have a material effect; and subsections (2) to (10) of section 93A then apply in relation to the commitments as proposed to be modified.

Rights of end-users in relation to contract termination

124U

(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.

124V

(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.

124W

(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.

134AC

(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;

(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).

The Gaelic Media Service

Powers to enforce TV licensing

Application of the Competition Act 1998 to news provision

Interpretation of this Part

Compensation

Contents of code about obligations to limit internet access

211A

(1) This section has effect for the interpretation of section 211.

(2) “Regulated electronic programme guide” means an electronic programme guide which—

(a) is provided, under a licence to provide television licensable content services or digital additional television services, by a person who was providing an electronic programme guide under that licence immediately before IP completion day,

(b) is provided by a person designated by the Secretary of State by regulations or by a person having a prescribed connection with a person so designated, or

(3) In subsection (2) “prescribed” means prescribed by the regulations.

(4) Regulations under subsection (2)(b) may only designate a person who, at the time when the regulations are made—

(a) is providing an electronic programme guide that is used by members of the public in the United Kingdom as a facility for obtaining access to television programme services, or

(b) is providing, or has informed OFCOM of an intention to provide, an electronic programme guide with a view to its use by members of the public in the United Kingdom as such a facility.

(5) The electronic programme guides that are to be taken for the purposes of this section to be used by members of the public include any electronic programme guide that—

(a) is used, or available for use, only by persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision, but

(b) is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.

(6) Before making regulations under subsection (2), the Secretary of State must consult OFCOM.

(7) In this section “electronic programme guide” has the meaning given by section 310(8).

211B

(1) In section 211 “exempt foreign service” means—

(a) a service provided by a person who is for the purposes of the European Convention on Transfrontier Television within the jurisdiction of a CTT State other than the United Kingdom, or

(b) any of the following services—

(i) the services known as RTÉ1 and RTÉ2 provided by Raidió Teilifís Éireann, and

(ii) the service known as TG4 provided by Teilifís na Gaeilge.

(2) The Secretary of State may by regulations amend subsection (1)(b)—

(a) by adding a reference to a service appearing to the Secretary of State to be a public service channel established in Ireland,

(b) by amending the description of a service for the time being specified in that provision, or

(3) In this section “CTT State” means a State which is for the time being a party to the European Convention on Transfrontier Television.

Repeal of exclusion for newspaper mergers from general merger controls

Extension of special public interest regime for certain media mergers

Adaptation of role of OFT in special public interest regime

Public consultation in relation to media mergers

General advisory functions of OFCOM in relation to media mergers

Review of media ownership

Service of notifications and other documents

Notifications and documents in electronic form

Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

Competition tests applying to OFCOM's decisions: EU principles etc

6A

(1) Paragraph 6(6) does not require OFCOM to secure that there is no inconsistency with a principle or decision referred to in paragraph 6(7)(a)—

(a) so far as the principle or decision is excluded from the law of England and Wales, Scotland and Northern Ireland on or after IP completion day, or

(b) so far as doing so would be incompatible with OFCOM's duty to secure that there is no inconsistency with a decision referred to in paragraph 6(7)(b).

(2) For the purposes of sub-paragraph (1)(a), a principle or decision is to be treated as not excluded from the law of England and Wales, Scotland and Northern Ireland if it is excluded only by virtue of an exclusion or revocation in the Competition (Amendment etc.) (EU Exit) Regulations 2019.

(3) Paragraph 6(6) does not require OFCOM to secure that there is no inconsistency with a principle or decision referred to in paragraph 6(7)(a) if OFCOM think that it is appropriate to act otherwise in the light of one or more of the following—

(a) differences between the competition tests and Article 101 of the Treaty on the Functioning of the European Union as it had effect immediately before IP completion day;

(b) differences between markets in the United Kingdom and markets in the European Union;

(c) developments in forms of economic activity since the time when the principle or decision referred to in paragraph 6(7)(a) was laid down or made;

(d) generally accepted principles of competition analysis or the generally accepted application of such principles;

(e) a principle laid down, or decision made, by the European Court on or after IP completion day;

(f) the particular circumstances under consideration.

PART 4A — Code rights in respect of land connected to leased premises: unresponsive occupiers

27A

This Part of this code makes provision for the court to make an order imposing an agreement which provides that code rights are exercisable by an operator for the purpose of providing an electronic communications service to leased premises where—

(a) the rights are required in respect of land which is connected to the leased premises, and

(b) the occupier or another person with an interest in the land has not responded to repeated notices given by the operator seeking agreement to confer or otherwise be bound by the rights.

27B

(1) Paragraphs 27C and 27D apply where—

(a) premises within the scope of this Part are occupied under a lease (the “target premises”),

(b) the lessee in occupation requests an operator to provide an electronic communications service to the target premises,

(i) to confer on the operator a code right in respect of connected land, or

(ii) otherwise to be bound by such a code right exercisable by the operator,

(d) the operator has, on or after the day on which section 1 of the Telecommunications Infrastructure (Leasehold Property) Act 2021 comes fully into force, given the required grantor a notice in accordance with paragraph 20(2) of this code seeking that agreement (the “request notice”), and

(e) the required grantor has not responded to the operator.

(2) Premises are within the scope of this Part if they—

(a) form part of a multiple dwelling building (see paragraph 27I(1)), or

(b) are other premises of a description specified in regulations made by the Secretary of State.

(3) In this Part “connected land”, in relation to the target premises, means land which—

(a) is in common ownership with the target premises (see paragraph 27I(2)), and

(b) is held or used for access to, or otherwise in connection with, the target premises.

(4) For the purposes of this paragraph, the required grantor responds to the operator if the required grantor—

(a) agrees or refuses, in writing, to confer or otherwise be bound by the code right specified in the request notice on the terms that the operator seeks, or

(b) otherwise acknowledges the request notice in writing.

27C

(1) Before applying to the court for an order under this Part (a “Part 4A order”) (see paragraph 27E(2)) the operator must, in accordance with this paragraph, give the required grantor—

(a) two warning notices, and

(b) a final notice.

(2) A “warning notice” is a notice in writing which—

(a) includes a copy of the request notice,

(b) states that it is the first or (as the case may be) second of three notices that, unless the required grantor responds to the operator, will allow the operator to apply for a Part 4A order, and

(3) The first warning notice may only be given after the end of the period of seven days beginning with the day on which the request notice was given.

(4) The second warning notice may only be given after the end of the period of seven days beginning with the day on which the first one was given.

(5) A “final notice” is a notice in writing which—

(a) includes a copy of the request notice,

(b) states that unless the required grantor responds to the operator before the end of the period of 14 days beginning with the day on which the final notice is given, the operator intends to apply for a Part 4A order, and

(6) A final notice may only be given within the permitted period.

(7) The “permitted period” means the period which—

(a) begins immediately after the end of whichever of the following ends last—

(i) the period of seven days beginning with the day on which the second warning notice was given;

(ii) the period of 28 days beginning with the day on which the request notice was given, and

(b) ends at the end of the period of 28 days beginning with the day on which the second warning notice was given.

(8) The Secretary of State may by regulations specify other conditions that the operator must satisfy before giving the required grantor a final notice.

27D

(1) The operator may apply to the court for a Part 4A order in relation to the code right specified in the request notice if—

(a) the operator has satisfied the notice requirements set out in paragraph 27C,

(b) the period of 14 days beginning with the day on which the final notice was given has ended,

(d) the operator has satisfied any other specified conditions.

(2) An application for a Part 4A order may not be made after the end of the specified period beginning with the day on which the final notice is given.

(3) The operator must give the required grantor notice of an application for a Part 4A order.

(4) For the purposes of this paragraph, the required grantor responds to the operator if the required grantor—

(a) agrees or refuses, in writing, to confer or otherwise be bound by the code right specified in the request notice on the terms that the operator seeks, or

(b) otherwise acknowledges, in writing, the request notice, a warning notice or the final notice.

(5) In this paragraph “specified” means specified in regulations made by the Secretary of State.

27E

(1) The court may make a Part 4A order if (and only if)—

(a) it is satisfied that the requirements for applying for the order have been met, and

(b) the required grantor has not objected to the making of the order.

(2) A Part 4A order is an order which imposes on the operator and the required grantor an agreement between them—

(a) by which the required grantor confers on the operator the code right identified in the request notice in respect of the connected land so identified, or

(b) which provides for the code right identified in that notice, which is exercisable by the operator in respect of the connected land so identified, otherwise to bind the required grantor.

(3) In this code, a “Part 4A code right” means a code right which is conferred by or otherwise binds the required grantor pursuant to an agreement imposed by a Part 4A order.

(4) The terms of an agreement imposed by a Part 4A order are to be those specified in regulations made by the Secretary of State.

(5) Regulations under sub-paragraph (4) must, in particular, provide for an agreement to include terms—

(a) relating to the provision by the operator to the required grantor of details of the works to be carried out in the exercise of the Part 4A code right (“the works”);

(b) relating to the obtaining by the operator of any consent, permit, licence, permission, authorisation or approval which is necessary for the works to be carried out;

(c) relating to the giving of notice by the operator to the required grantor or other specified persons before entering on the connected land in the exercise of the Part 4A code right or carrying out the works;

(d) restricting the operator's right to enter on the connected land to specified times, except in cases of emergency;

(e) as to the manner in which the works are to be carried out by the operator;

(f) relating to the restoration by the operator of the connected land at the end of the works, to the reasonable satisfaction of the required grantor;

(g) relating to the need for insurance cover or indemnification of the required grantor;

(h) relating to the maintenance or upgrading by the operator of apparatus installed on, under or over the connected land in the exercise of the Part 4A code right (“the apparatus”);

(i) imposing requirements or restrictions on the required grantor for the purposes of—

(i) preventing damage to the apparatus,

(ii) facilitating access to the apparatus for the operator, or

(iii) otherwise preventing or minimising disruption to the operation of the apparatus;

(j) relating to assignment of the agreement;

(k) aimed at ensuring that nothing done by the operator in the exercise of the Part 4A code right unnecessarily prevents or inhibits the provision of an electronic communications service by any other operator.

(6) Before making regulations under sub-paragraph (4), the Secretary of State must consult—

(a) operators,

(b) persons appearing to the Secretary of State to represent owners of interests in land who are likely to be affected by the regulations, and

(7) In sub-paragraph (5), “specified” mean specified, or of a description specified, in the regulations.

27F

(1) A Part 4A code right may be exercised by the operator in respect of the connected land for the provision of an electronic communications service to—

(a) the target premises, and

(b) other premises, but only if the provision of the service to the other premises in addition to the target premises imposes no additional burden on the required grantor.

(2) For the purposes of sub-paragraph (1)(b), an additional burden includes anything that—

(a) has an additional adverse effect on the required grantor's enjoyment of the connected land, or

(b) causes additional loss, damage or expense to the required grantor.

27G

(1) A Part 4A code right ceases to be conferred on the operator by, or otherwise to bind, the required grantor—

(a) if a replacement agreement comes into effect, in accordance with that agreement,

(b) if the court decides to refuse an application by the operator for the imposition of a replacement agreement, in accordance with that decision, or

(c) if the right has not ceased to have that effect as mentioned in paragraph (a) or (b) before the end of the specified period beginning with the day on which the agreement imposed by the Part 4A order comes into effect, at the end of that period.

(2) In sub-paragraph (1) a “replacement agreement”, in relation to a Part 4A code right, means an agreement under Part 2 by which the required grantor confers a code right on the operator, or otherwise agrees to be bound by a code right which is exercisable by the operator, where that right is in respect of the same land as the Part 4A code right.

(3) In sub-paragraph (1)(c) “specified period” means the period, of no more than 18 months, specified in regulations made by the Secretary of State.

(4) The required grantor has the right, subject to and in accordance with Part 6 of this code, to require the operator to remove any electronic communications apparatus placed on the connected land in the exercise of a Part 4A code right which has ceased to have effect, or otherwise to bind, the required grantor.

Pre-consolidation amendments

27H

(1) This paragraph applies where the court has made a Part 4A order.

(2) The court may, on the application of the required grantor, order the operator to pay compensation to the required grantor for any loss or damage that has been sustained or will be sustained by the required grantor as a result of the exercise by the operator of the Part 4A code right.

(3) An application for an order under this paragraph may be made at any time after the Part 4A order is made (including at a time when the Part 4A code right has ceased to be conferred on the operator by, or otherwise to bind, the required grantor).

(4) An order under this paragraph may—

(a) specify the amount of compensation to be paid by the operator, or

(b) give directions for the determination of any such amount.

(5) Directions under sub-paragraph (4)(b) may provide—

(a) for the amount of compensation to be agreed between the operator and the required grantor;

(b) for any dispute about that amount to be determined by arbitration.

(6) An order under this paragraph may provide for the operator—

(a) to make a lump sum payment,

(b) to make periodical payments,

(d) to make a payment or payments in such other form or at such other time or times as the court may direct.

(7) Paragraph 84 makes further provision about compensation in the case of a Part 4A order.

27I

(1) In this Part—

“connected land” has the meaning given by paragraph 27B(3);

“multiple dwelling building” means a building which contains two or more sets of premises which are used as, or intended to be used as, a separate dwelling;

“Part 4A order” has the meaning given by paragraph 27C(1);

“premises” includes a part of premises;

“request notice” has the meaning given by paragraph 27B(1)(d);

“required grantor” has the meaning given by paragraph 27B(1)(c);

“target premises” has the meaning given by paragraph 27B(1)(a).

(2) For the purposes of this Part, land is in “common ownership” with the target premises if a person with a relevant interest in the land also has a relevant interest (whether or not of the same sort) in the target premises.

(3) For the purposes of sub-paragraph (2), a person has a “relevant interest” in land if—

(a) the person owns the freehold estate in the land (or, in relation to Scotland, is the owner of the land), or

(b) the person is the lessee of the land.

Codes of practice about security measures etc

105E

The Secretary of State may—

(a) issue codes of practice giving guidance as to the measures to be taken under sections 105A to 105D by the provider of a public electronic communications network or a public electronic communications service;

(b) revise a code of practice issued under this section and issue the code as revised;

Issuing codes of practice about security measures

105F

(1) Before issuing a code of practice under section 105E the Secretary of State—

(a) must publish a draft of—

(i) the code; or

(ii) where relevant, the revisions of the existing code;

(b) must consult the following about the draft—

(i) OFCOM;

(ii) providers of public electronic communications networks to whom the draft would apply;

(iii) providers of public electronic communications services to whom the draft would apply; and

(iv) such other persons as the Secretary of State considers appropriate; and

(2) Before issuing a code of practice under section 105E the Secretary of State must also lay a draft of the code before Parliament.

(3) If, within the 40-day period, either House of Parliament resolves not to approve the draft of the code, the code may not be issued.

(4) If no such resolution is made within that period, the code may be issued.

(5) If the code is issued, the Secretary of State must publish it.

(6) A code of practice comes into force at the time of its publication under subsection (5), unless it specifies a different commencement time.

(7) A code of practice may—

(a) specify different commencement times for different purposes;

(b) include transitional provisions and savings.

(8) In this section, the “40-day period”, in relation to a draft of a code, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

(9) For the purposes of calculating the 40-day period, no account is to be taken of any period during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than 4 days.

Withdrawing codes of practice about security measures

105G

(1) Before withdrawing a code of practice under section 105E the Secretary of State must—

(a) publish notice of the proposal to withdraw the code; and

(b) consult the following about the proposal—

(i) OFCOM;

(ii) providers of public electronic communications networks to whom the code applies;

(iii) providers of public electronic communications services to whom the code applies; and

(iv) such other persons as the Secretary of State considers appropriate.

(2) Where the Secretary of State withdraws a code of practice under section 105E the Secretary of State must—

(a) publish notice of the withdrawal of the code; and

(b) lay a copy of the notice before Parliament.

(3) A withdrawal of a code of practice has effect at the time of the publication of the notice of withdrawal under subsection (2), unless the notice specifies a different withdrawal time.

(4) A notice of withdrawal may—

(a) specify different withdrawal times for different purposes;

(b) include savings.

Effects of codes of practice about security measures

105H

(1) A failure by the provider of a public electronic communications network or a public electronic communications service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

(2) In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining any question arising in the proceedings if—

(a) the question relates to a time when the provision was in force; and

(b) the provision appears to the court or tribunal to be relevant to the question.

(3) OFCOM must take into account a provision of a code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

(a) the question relates to a time when the provision was in force; and

(b) the provision appears to OFCOM to be relevant to the question.

(4) In this section—

“code of practice” means a code of practice issued under section 105E;

“relevant function” means a function conferred on OFCOM by any of the following provisions—section 105M (general duty of OFCOM to ensure compliance with security duties);section 105N (power of OFCOM to assess compliance with security duties);section 105O (power of OFCOM to give assessment notices);section 105S (enforcement of security duties);section 105U (enforcement of security duties: proposal for interim steps);section 105V (enforcement of security duties: direction to take interim steps).

Duty to explain failure to act in accordance with code of practice

105I

(1) This section applies where OFCOM have reasonable grounds for suspecting that the provider of a public electronic communications network or a public electronic communications service is failing, or has failed, to act in accordance with a provision of a code of practice issued under section 105E.

(2) OFCOM may give a notification to the provider that—

(a) specifies the provision of the code of practice;

(b) specifies the respects in which the provider is suspected to be failing, or to have failed, to act in accordance with it; and

(3) A statement under this subsection is a statement that—

(a) confirms that the provider is failing, or has failed, in the respects specified in the notification to act in accordance with the provision of the code of practice; and

(b) explains the reasons for the failure.

(4) A statement under this subsection is a statement that—

(a) states that the provider is not failing, or has not failed, in the respects specified in the notification to act in accordance with the provision of the code of practice; and

(b) explains the reasons for that statement.

(5) The provider must comply with a direction given under subsection (2)(c) within such reasonable period as may be specified in the notification.

Security of public electronic communications networks and services: designated vendor directions

Designated vendor directions

105Z1

(1) The Secretary of State may give a direction under this section (“a designated vendor direction”) to a public communications provider.

(2) The Secretary of State may give a designated vendor direction only if the Secretary of State considers that—

(a) the direction is necessary in the interests of national security; and

(b) the requirements imposed by the direction are proportionate to what is sought to be achieved by the direction.

(3) A designated vendor direction may impose requirements on a public communications provider with respect to the use, in connection with a purpose mentioned in subsection (4), of goods, services or facilities supplied, provided or made available by a designated vendor specified in the direction.

(4) The purposes referred to in subsection (3) are—

(a) in the case of a provider of a public electronic communications network, the provision of that network;

(b) in the case of a provider of a public electronic communications service, the provision of that service;

(c) in the case of a person who makes available facilities that are associated facilities by reference to a public electronic communications network or public electronic communications service, the making available of those facilities; or

(d) in the case of a provider of a public electronic communications network or public electronic communications service, enabling persons to make use of that network or service.

(5) A designated vendor direction must specify—

(a) the public communications provider or providers to which the direction is given;

(b) the reasons for the direction;

(6) The requirement in subsection (5)(b) does not apply if or to the extent that the Secretary of State considers that specifying reasons in the direction would be contrary to the interests of national security.

(7) A public communications provider to which a designated vendor direction is given must comply with the direction.

(8) A reference in this section to a facility includes a reference to a facility, element or service that is an associated facility.

Further provision about requirements

105Z2

(1) This section makes further provision about the requirements that may be imposed by a designated vendor direction on a public communications provider.

(2) The requirements may include, among other things—

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Communications Act 2003

Local digital television services

Notices

Interpretation of provisions about dealer notification

Interpretation of Part 3

TV licences

Power of Secretary of State to make orders and regulations

Regulations and orders made by OFCOM

Interpretation of this Part

Power of Secretary of State to make orders and regulations

Regulations and orders made by OFCOM

Minor and consequential amendments, transitionals and repeals

Billing limits for mobile phones

124S

124T

365A

Application of the Competition Act 1998 to news provision

General interpretation

General interpretation

Exercise of Part 4A code rights

Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

Criminal liability of company directors etc.

307A

335B

368ZA

List of providers

368BZA

368CB

368IA

368OA

PART 4B — VIDEO-SHARING PLATFORM SERVICES

Preliminary

368S

368T

List of providers

368U

Notification by providers

368V

368W

Duties of the appropriate regulatory authority

368X

Duties of service providers

368Y

368Z

368Z1

Enforcement

368Z2

368Z3

368Z4

Suspension or restriction of service

368Z5

368Z6

368Z7

368Z8

Fees

368Z9

Information and reports

368Z10

368Z11

368Z12

Interpretation of Part 4B

368Z13

SCHEDULE15A

Appropriate measures

1

2

3

4

5

6

7

8

9

Interpretation

10

32A

Further duty to review tariffs

72C

Social tariff conditions

72D