Communications Act 2003

[F1 134B Networks and services matters U.K.

(1) For the purposes of [F2 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,

[F3 (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,F4 ...

[F5 (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, [F6 and]

[F7 (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 [F2 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,

[F8 (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 [F9 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.]

Textual Amendments

F1 Ss. 134A-134C and cross-headings inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 1(1), 47(1)

F2 Words in s. 134B(1)(2) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 82(3)(a), 118(2)

F3 S. 134B(1)(fa) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 57(a)

F4 Word in s. 134B(1)(h) omitted (21.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 57(b)

F5 S. 134B(1)(ha) inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 11(3)(a), 28(2)(b); S.I. 2022/931, reg. 2(b)

F6 Word in s. 134B(1)(i) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 57(c)

F7 S. 134B(1)(j) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 57(d)

F8 S. 134B(2)(fa) inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 11(3)(b), 28(2)(b); S.I. 2022/931, reg. 2(b)

F9 Words in s. 134B(4) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 82(3)(b), 118(2)