Communications Act 2003 Explanatory Notes

Section 377: Additional investigation and report by OFCOM

817.This section inserts a new section 44A in the EA 2002, which sets out OFCOM’s reporting and related investigatory duties where an intervention notice has been served specifying any media public interest consideration.

818.New section 44A(2) provides that OFCOM are obliged to report to the Secretary of State within a deadline specified by the Secretary of State. There is nothing to prevent the Secretary of State from altering the deadline if the circumstances so require. New section 44A(3) ensures that the Secretary of State will receive information in the report on at least two areas:

  • OFCOM’s advice and recommendations on any media public interest consideration mentioned in the intervention notice; and

  • OFCOM’s summary of the relevant representations that it has received in relation to any such media public interest consideration.

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