The Electronic Communications and Wireless Telegraphy Regulations 2011

Communications Act 2003

95.  In section 190 (resolution of referred disputes)—

(a) after subsection (2) insert—

“(2A) In relation to a dispute falling within section 185(1), OFCOM must exercise their powers under subsection (2) in the way that seems to them most appropriate for the purpose of securing—

(a) efficiency;

(b) sustainable competition;

(c) efficient investment and innovation; and

(d) the greatest possible benefit for the end-users of public electronic communications services.”,

(b) in subsection (6), after paragraph (b) insert—

“and may determine the amount of the costs and when the costs are to be paid.”,

(c) after subsection (6) insert—

“(6A) OFCOM may not, under subsection (6)(a), require a party to the dispute to make payments to another party unless OFCOM have considered—

(a) the conduct of the party before and after the reference to OFCOM (including, in particular, whether any attempt has been made to resolve the dispute), and

(b) whether OFCOM has made a decision in the party’s favour in respect of the whole or a part of the dispute.

(6B) OFCOM may not, under subsection (6)(b), require payments to be made to them by a party to the dispute unless—

(a) the dispute relates to the rights and obligations of the parties to the dispute under the enactments relating to the management of the radio spectrum, or

(b) they have considered the matters referred to in subsection (6A)(a) and (b).”, and

(d) omit subsection (7).