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11.—(1) This section applies where it appears to OFCOM that a dispute referred to them under regulation 7 or referred back to them under regulation 8(6) 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 paragraph (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 these Regulations in relation to the reference or the dispute, OFCOM must consult the other regulatory authorities within whose jurisdiction the matter falls.
(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.
(6) Accordingly, regulation 10 is to have effect in relation to the reference as if the period for making a determination which is specified in paragraph (5) of that regulation were such period (if any) as may be agreed between—
(a)OFCOM; and
(b)the other regulatory authorities within whose jurisdiction the matter falls.
(7) In this regulation—
(a)references, in relation to a dispute, to the regulatory authorities of other member States are references to such of the authorities of the other member States as have been notified under Directive 2002/21/EC of the European Parliament and of the Council 7 March 2002 on a common regulatory framework for electronic communications networks and services (“the Framework Directive”) to the European Commission as the regulatory authorities of those States for the purposes of the matters to which the dispute relates;
(b)“electronic communications network” has the same meaning as in section 32(1) of the Act.
Commencement Information
I1Reg. 11 in force at 30.7.2007, see reg. 1(1)
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