(1)This section applies where it appears to OFCOM that a dispute referred or referred back to them under this Chapter [F1(other than a dispute falling within section 185(1))] relates partly to a matter falling within the jurisdiction of the regulatory authorities of another member State.
(2)A dispute relates to matters falling within the jurisdiction of the regulatory authorities of another member State to the extent that—
(a)it relates to the carrying on of activities by one or both of the parties to the dispute in more than one member State or to activities carried on by different parties to the dispute in different member States; and
(b)the activities to which the dispute relates, so far as they are carried on in another member State, are carried on in the member State for which those authorities are the regulatory authorities.
(3)For the purposes of subsection (2) the activities that are carried on in a member State include anything done by means of an electronic communications network, or part of such a network, which is situated in that member State.
(4)Before taking any steps under this Chapter in relation to the reference or the dispute, OFCOM
[F2(a)must co-ordinate their efforts with the other regulatory authorities within whose jurisdiction the matter falls,
(b)may consult BEREC in order to bring about a consistent resolution of the dispute, and
(c)may request BEREC to adopt an opinion as to the action to be taken to resolve the dispute.]
(5)It shall be the duty of OFCOM to secure that steps taken in relation to the reference or dispute (whether taken by them or by the other regulatory authorities) are, so far as practicable, agreed between OFCOM and those authorities.
[F3(5A)Where an opinion is received from BEREC in relation to the reference or dispute, it shall be the duty of OFCOM to secure that steps taken in relation to the reference or dispute take account of the opinion (whether the opinion was requested by OFCOM or by the other regulatory authorities).]
(6)Accordingly, section 188 is to have effect in relation to the reference as if the period for making a determination which is specified in subsection (5) of that section were such period (if any) as may be agreed between—
(a)OFCOM; and
(b)the other regulatory authorities within whose jurisdiction the matter falls.
[F4(7)OFCOM must—
(a)ensure, so far as practicable, that a period agreed under subsection (6) is long enough for BEREC to provide an opinion, if one has been requested by OFCOM or by the other regulatory authorities, and
(b)agree to any necessary extension of the period if an opinion is requested from BEREC (by OFCOM or by the other regulatory authorities) after the period has been agreed.
(8)Subsection (7) does not apply if the dispute in question 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 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, or for other users of the radio spectrum.]
Textual Amendments
F1Words in s. 189(1) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 94(a) (with Sch. 3 para. 2)
F2S. 189(4)(a)(b)(c) substituted for words (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 94(b) (with Sch. 3 para. 2)
F3S. 189(5A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 94(c) (with Sch. 3 para. 2)
F4S. 189(7)(8) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 94(d) (with Sch. 3 para. 2)
Commencement Information
I1S. 189 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2S. 189 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)