(b) the Broadcasting Standards Commission, the Independent Television
Commission and the Radio Authority shall cease to exist.
(5) Section 54 of the Telecommunications Act 1984 (c. 12) (which provides for the
establishment of advisory bodies) shall cease to have effect; and each of the
bodies established under that section shall cease to exist on such day as the
Secretary of State may by order appoint.
(6) Different days may be appointed under this section for the Director General of
Telecommunications and for each of the different bodies mentioned in
subsections (4)(b) and (5).
Networks, services and the radio spectrum
Electronic communications networks and services
28 Meaning of electronic communications networks and services
(1) In this Act “electronic communications network” means—
(a) a transmission system for the conveyance, by the use of electrical,
magnetic or electro-magnetic energy, of signals of any description; and
(b) such of the following as are used, by the person providing the system
and in association with it, for the conveyance of the signals—
(i) apparatus comprised in the system;
(ii) apparatus used for the switching or routing of the signals; and
(iii) software and stored data.
(2) In this Act “electronic communications service” means a service consisting in,
or having as its principal feature, the conveyance by means of an electronic
communications network of signals, except in so far as it is a content service.
(3) In this Act “associated facility” means a facility which—
(a) is available for use in association with the use of an electronic
communications network or electronic communications service
(whether or not one provided by the person making the facility
(b) is so available for the purpose of—
(i) making the provision of that network or service possible;
(ii) making possible the provision of other services provided by
means of that network or service; or
(iii) supporting the provision of such other services.
(4) In this Act—
(a) references to the provision of an electronic communications network
include references to its establishment, maintenance or operation;
(b) references, where one or more persons are employed or engaged to
provide the network or service under the direction or control of another
person, to the person by whom an electronic communications network
(b) or electronic communications service is provided are confined to
references to that other person; and
(c) references, where one or more persons are employed or engaged to
make facilities available under the direction or control of another
person, to the person by whom any associated facilities are made
available are confined to references to that other person.
(5) Paragraphs (a) and (b) of subsection (4) apply in relation to references in
subsection (1) to the provision of a transmission system as they apply in
relation to references in this Act to the provision of an electronic
(6) The reference in subsection (1) to a transmission system includes a reference to
a transmission system consisting of no more than a transmitter used for the
conveyance of signals.
(7) In subsection (2) “a content service” means so much of any service as consists
in one or both of the following—
(a) the provision of material with a view to its being comprised in signals
conveyed by means of an electronic communications network;
(b) the exercise of editorial control over the contents of signals conveyed by
means of a such a network.
(8) In this section references to the conveyance of signals include references to the
transmission or routing of signals or of parts of signals and to the broadcasting
of signals for general reception.
(9) For the purposes of this section the cases in which software and stored data are
to be taken as being used for a particular purpose include cases in which they
(a) been installed or stored in order to be used for that purpose; and
(b) are available to be so used.
(10) In this section “signal” includes—
(a) anything comprising speech, music, sounds, visual images or
communications or data of any description; and
(b) signals serving for the impartation of anything between persons,
between a person and a thing or between things, or for the actuation or
control of apparatus.
Notification by providers
29 Advance notification to OFCOM
(1) A person shall not—
(a) provide a designated electronic communications network,
(b) provide a designated electronic communications service, or
(c) make available a designated associated facility,
unless, before beginning to provide it or to make it available, he has given a
notification to OFCOM of his intention to provide that network or service, or
to make that facility available.
(2) An electronic communications network, electronic communications service or
associated facility is designated for the purposes of this section if it is of a
description of networks, services or facilities that is for the time being
(2) designated by OFCOM as a description of networks, services or facilities for
which notification under this section is required.
(3) A person who has given a notification for the purposes of subsection (1) must,
(a) providing or making available the notified network, service or facility
with any significant differences, or
(b) ceasing to provide it or to make it available,
give a notification to OFCOM of the differences or (as the case may be) of his
intention to cease to provide the network or service or to make the facility
(4) A notification for the purposes of this section must—
(a) be sent to OFCOM in such manner as OFCOM may require; and
(b) contain all such information as OFCOM may require.
(5) The only information OFCOM may require a notification to contain is—
(a) a declaration of the relevant proposal of the person giving the
(b) the time when it is intended that effect should be given to the relevant
(c) particulars identifying the person giving the notification;
(d) particulars identifying one or more persons with addresses in the
United Kingdom who, for the purposes of matters relating to the
notified network, service or facility, are authorised to accept service at
an address in the United Kingdom on behalf of the person giving the
(e) particulars identifying one or more persons who may be contacted if
there is an emergency that is caused by or affects the provision of the
notified network, service or facility;
(f) addresses and other particulars necessary for effecting service on or
contacting each of the persons mentioned in paragraphs (c) to (e).
(6) The declaration of the relevant proposal that may be required under subsection
(5) is whichever of the following is appropriate in the case of the person giving
(a) a declaration of his proposal to provide the network or service
described in the notification or to make available the facility so
(b) a declaration of his proposal to make the modifications that are so
described of the network, service or facility specified in the notification;
(c) a declaration of his proposal to cease to provide the network or service
so specified or to cease to make available the facility so specified.
(7) Requirements imposed under subsection (4) are not to require a notification by
a person to contain particulars falling within subsection (5)(d) in a case in
(a) that person is resident in a member State or has a place of business in a
(b) the notification contains a statement under subsection (8);
(c) the notification sets out an address in a member State at which service
will be accepted by the person who, in accordance with that statement,
is authorised to accept it; and
(d) OFCOM are satisfied that adequate arrangements exist for effecting
service on that person at that address.
(8) That statement is one which—
(a) declares that the person authorised, for the purposes of matters relating
to the notified network, service or facilities, to accept service on behalf
of the person giving the notification is that person himself; or
(b) identifies another person who is resident in a member State, or has a
place of business in such State, as the person so authorised.
(9) The reference in subsection (3) to providing or making available a notified
network, service or facility with significant differences is a reference to
continuing to provide it, or to make it available, after a change in whatever
falling within subsection (5)(a) to (f) was last notified to OFCOM under this
(10) References in this section to accepting service at an address are references—
(a) to accepting service of documents or process at that address; or
(b) otherwise to receiving notifications at that address;
and the reference in subsection (7) to effecting service at an address is to be
(11) Where a description of electronic communications network, electronic
communications service or associated facility is designated for the purposes of
this section at a time when a network, service or facility of that description is
already being provided or made available by a person—
(a) that person’s obligation under this section to give a notification before
beginning to provide or make available that network, service or facility
shall have effect as an obligation to give a notification within such
period after the coming into force of the designation as may be
specified in the notice in which the designation is contained; and
(b) that notification is to be one stating that that person is already
providing the network or service, or making the facility available
(rather than that it is his intention to do so).
(12) Subsection (11) has effect subject to any transitional provision—
(a) which is contained in the notification setting out the designation; and
(b) treats a person as having given the notification required by that
30 Designations and requirements for the purposes of s. 29
(a) making or withdrawing a designation for the purposes of section 29, or
(b) imposing or modifying a requirement under subsection (4) of that
OFCOM must consult such of the persons who, in their opinion, are likely to
be affected by it as they think fit.
(2) Before making or withdrawing a designation for the purposes of section 29
OFCOM must also consult the Secretary of State.
(3) The way in which a designation for the purposes of section 29 or a requirement
under subsection (4) of that section—
(a) is to be made or imposed, or
(b) may be withdrawn or modified,
is by a notice published in such manner as OFCOM consider appropriate for
bringing the designation, requirement, withdrawal or modification to the
attention of the persons who, in their opinion, are likely to be affected by it.
(4) A designation for the purposes of section 29 may be framed by reference to any
such description of networks, services or facilities, or such other factors, as
OFCOM think fit.
(5) Requirements imposed under section 29(4) may make different provision for
31 Notification of contraventions of s. 29
(1) Where OFCOM determine that there are reasonable grounds for believing that
a person has contravened section 29, they may give him a notification under
(2) A notification under this section is one which—
(a) sets out the determination made by OFCOM; and
(b) specifies the period during which the person notified has an
opportunity of doing the things specified in subsection (3).
(3) Those things are—
(a) making representations about the determination; and
(b) providing OFCOM with the information which the notified person
should have provided for the purposes of section 29 but has not.
(4) Subject to subsections (5) to (7), the period for doing those things must be the
period of one month beginning with the day after the one on which the
notification was given.
(5) OFCOM may, if they think fit, allow a longer period for doing those things
(a) by specifying a longer period in the notification; or
(b) by subsequently, on one or more occasions, extending the specified
(6) The person notified shall have a shorter period for doing those things if a
shorter period is agreed between OFCOM and the person notified.
(7) The person notified shall also have a shorter period if—
(a) OFCOM have reasonable grounds for believing that the contravention
is a repeated contravention;
(b) they have determined that, in those circumstances, a shorter period
would be appropriate; and
(c) the shorter period has been specified in the notification.
(8) A notification under this section—
(a) may be given in respect of more than one contravention of section 29;
(b) if it is given in respect of a continuing contravention, may be given in
respect of any period during which the contravention has continued.
(9) Where a notification under this section has been given to a person in respect of
a contravention of section 29, OFCOM may give a further notification in
respect of the same contravention if, and only if—
(a) the subsequent notification is in respect of so much of a period during
which the contravention in question was continuing as falls after a
period to which the earlier notification relates; or
(b) the earlier notification has been withdrawn without a penalty having
been imposed by reference to the notified contravention.
(10) For the purposes of this section a contravention is a repeated contravention, in
relation to a notification with respect to that contravention, if—
(a) a previous notification under this section has been given in respect of
the same contravention or in respect of another contravention of section
(b) the subsequent notification is given no more than twelve months after
the day of the making by OFCOM of a determination for the purposes
of section 32(2) or 33(2) that the contravention to which the previous
notification related did occur.
32 Enforcement notification for contravention of s. 29
(1) This section applies where—
(a) a person (“the notified provider”) has been given a notification under
(b) OFCOM have allowed the notified provider an opportunity of making
representations about the notified determination; and
(c) the period allowed for the making of the representations has expired.
(2) OFCOM may give the notified provider an enforcement notification if they are
(a) that he has, in one or more of the respects notified, been in
contravention of section 29; and
(b) that he has not, during the period allowed under section 31, provided
OFCOM with all the information which he should have provided to
them to remedy the contravention.
(3) An enforcement notification is a notification which imposes a requirement on
the notified provider to take all such steps for providing OFCOM with that
information as may be specified in the notification.
(4) A decision of OFCOM to give an enforcement notification to a person—
(a) must be notified to that person, together with the reasons for the
decision, no later than a week after the day on which it is taken; and
(b) must fix a reasonable period for the taking of the steps required by the
(5) It shall be the duty of a person to whom an enforcement notification has been
given to comply with it.
(6) That duty shall be enforceable in civil proceedings by OFCOM—
(a) for an injunction;
(b) for specific performance of a statutory duty under section 45 of the
Court of Session Act 1988 (c. 36); or
(c) for any other appropriate remedy or relief.