SCHEDULE 3Further provision about access conditions
Part 2Resolution of access disputes by OFCOM
Resolution of disputes: OFCOM's powers
16
(1)
The powers that may be exercised by OFCOM, on the making of a determination under paragraph 15, are those listed in sub-paragraph (2).
(2)
The powers are—
(a)
to make a declaration setting out the rights and obligations of parties to the dispute,
(b)
to give a direction fixing the terms or conditions of transactions between parties to the dispute,
(c)
to give a direction imposing an obligation, enforceable by the parties, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM,
(d)
to give a direction, enforceable by the party to whom the sums are to be paid, requiring the payment of sums by way of adjustment of an underpayment or overpayment (but see sub-paragraph (3)),
(e)
to require a party to the dispute to pay all or part of another party's costs and expenses incurred in connection with the dispute,
(f)
to require a party to pay all or part of OFCOM's costs of dealing with the dispute (but see sub-paragraph (4)).
(3)
A direction under sub-paragraph (2)(d) may be given only for the purpose of giving effect to a determination by OFCOM of the proper amount of a charge in respect of which amounts have been paid by one party to the dispute to another.
(4)
A direction under sub-paragraph (2)(f) may be given to a party only if—
(a)
the party referred the dispute to OFCOM, and
(b)
OFCOM consider that the reference was frivolous or vexatious or that the party has otherwise abused the right (conferred by paragraph 13) to refer disputes.