Communications Act 2003

[F1 134A OFCOM reports on infrastructure etc U.K.

(1) OFCOM must prepare reports in accordance with subsections (2) and (3) and each report must deal with—

(a) the electronic communications networks matters listed in section 134B(1), and

(b) the electronic communications services matters listed in section 134B(2).

(2) The first report must—

(a) relate to the position on a day specified in the report which falls within the period of 12 months beginning with the day on which this section comes into force, and

(b) be sent to the Secretary of State by OFCOM not more than 2 months after the specified day.

(3) A further report must—

(a) be prepared for each relevant period, and

(b) be sent to the Secretary of State by OFCOM as soon as practicable after the end of the relevant period.

(4) “Relevant period” means—

(a) the period of 3 years beginning with the day specified in the first report, and

[F2 (b) each subsequent period beginning with the end of the previous period and ending at such time not more than 3 years after the end of the previous period as OFCOM may determine.]

(5) Where there is a significant change in connection with a matter listed in section 134B(1) or (2) and OFCOM consider that the change should be brought to the attention of the Secretary of State, OFCOM must—

(a) prepare a report on the change, and

(b) send it to the Secretary of State as soon as practicable.

(6) For the purposes of subsection (5), a change is significant if OFCOM consider that it has, or is likely to have, a significant adverse impact on—

(a) persons carrying on business in the United Kingdom or a part of the United Kingdom, or

(b) the general public in the United Kingdom or a part of the United Kingdom.

(7) OFCOM must publish every report under this section—

(a) as soon as practicable after they send it to the Secretary of State, and

(b) in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.

(8) OFCOM may exclude information from a report when it is published under subsection (7) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.]

Textual Amendments

F1 Ss. 134A-134C and cross-headings inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 1(1), 47(1)

F2 S. 134A(4)(b) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 55