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Communications Act 2003

Section 135: Information required for purposes of Chapter 1 functions

321.This section gives OFCOM information-gathering powers. Subject to the restrictions in section 137, it allows OFCOM to require any person falling within subsection (2), including a communications provider, to provide OFCOM with all such information as OFCOM consider necessary for the purpose of carrying our their functions under Chapter 1 of Part 2 of the Act.

322.This includes information for the following purposes:

  • investigating possible breaches of conditions of entitlement, or of the electronic communications code, or of a transitional scheme after the cessation of the application of the code;

  • ascertaining or verifying the amount of any administrative charge payable under section 38, or of any financial contribution towards the cost of complying with universal service obligations;

  • ascertaining whether a condition set under section 45 continues to be effective;

  • designating a universal service provider under section 66;

  • carrying out a review under sections 66 or 70;

  • identifying markets and carrying out market analyses for the purposes of Chapter 1 Part 2 of the Act;

  • assessing whether any network access question gives rise to a duty under section 105 and considering any matter while exercising that duty;

  • statistical purposes connected with OFCOM’s functions under Chapter 1 of Part 2 of the Act.

This section, section 136 and section 137, implement Article 5 of the Framework Directive, Articles 6(1), 10(1) and 11 of, and condition 10 of Part A to, the Annex to the Authorisation Directive, Article 11(2) of the Access Directive, and Articles 11, 21 and 22 (in so far as those Articles necessitate the provision of information) of the Universal Service Directive.

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