Digital Economy Act 2017

OFCOM: reports etc

82 OFCOM reports on infrastructure etc

(1) The Communications Act 2003 is amended as follows.

(2) After section 134A insert—

“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.

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.”

(3) In section 134B (networks and services matters)—

(a) in subsections (1) and (2), for “section 134A” substitute “sections 134A and 134AA”, and

(b) in subsection (4), after “134A” insert “or 134AA”.

(4) In section 135(3) (information required for purposes of OFCOM functions), after paragraph (ic) insert—

“(ica) preparing a report under section 134AA;”.

(5) In section 393(6)(a) (general restrictions on disclosure of information), after “26” insert “, 134AB”.

83 Comparative overviews of quality and prices

(1) The Communications Act 2003 is amended as follows.

(2) After section 134C insert—

“Comparative overviews

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.”

(3) In section 136 (information required for related purposes)—

(a) in subsection (1) for “specified in subsection (2)” substitute “of carrying out comparative overviews under section 134D”, and

(b) omit subsection (2).

(4) In section 393(6) (general restrictions on disclosure of information), after paragraph (b) insert—

“(ba) limits the matters that may be published as part of a comparative overview carried out by OFCOM under section 134D;”.