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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 [F1—
(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.
[F2(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, 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.
[F3(6A) OFCOM must—
ensure, so far as practicable, that a period agreed under paragraph (6) is long enough for BEREC to provide an opinion, if one has been requested by OFCOM or by the other regulatory authorities; and
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.
(6B) Paragraph (6A) does not apply if the dispute in question has resulted in, or creates an immediate risk of—
a serious threat to the safety of the public, to public health or to national security;
serious economic or operational problems for persons who are communications providers or persons who make associated facilities available; or
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.]
(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;
[F4(aa)“BEREC” means the Body of European Regulators for Electronic Communications;]
[F5(b)“electronic communications service” and “associated facility” have the same respective meanings as in section 32(2) and (3) of the Act.]
Textual Amendments
F1Words in reg. 11(4) substituted (1.5.2013) by The Mobile Roaming (European Communities) (Amendment) Regulations 2013 (S.I. 2013/822), regs. 1(1), 9(a)
F2Reg. 11(5A) inserted (1.5.2013) by The Mobile Roaming (European Communities) (Amendment) Regulations 2013 (S.I. 2013/822), regs. 1(1), 9(b)
F3Reg. 11(6A)(6B) inserted (1.5.2013) by The Mobile Roaming (European Communities) (Amendment) Regulations 2013 (S.I. 2013/822), regs. 1(1), 9(c)
F4Reg. 11(7)(aa) inserted (1.5.2013) by The Mobile Roaming (European Communities) (Amendment) Regulations 2013 (S.I. 2013/822), regs. 1(1), 9(d)(i)
F5Reg. 11(7)(b) substituted (1.5.2013) by The Mobile Roaming (European Communities) (Amendment) Regulations 2013 (S.I. 2013/822), regs. 1(1), 9(d)(ii)
Commencement Information
I1Reg. 11 in force at 30.7.2007, see reg. 1(1)
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