The Mobile Roaming (European Communities) Regulations 2007

Action by OFCOM on dispute reference

8.—(1) This regulation applies where a dispute is referred to OFCOM under and in accordance with regulation 7.

(2) OFCOM must decide whether or not it is appropriate for them to handle the dispute.

(3) Unless they consider—

(a) that there are alternative means available for resolving the dispute;

(b) that a resolution of the dispute by those means would be consistent with the Community requirements set out in section 4 of the Act; and

(c) that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used for resolving it,

their decision must be a decision that it is appropriate for them to handle the dispute.

(4) As soon as reasonably practicable after OFCOM have decided—

(a) that it is appropriate for them to handle the dispute; or

(b) that it is not,

they must inform each of the parties to the dispute of their decision and of their reasons for it.

(5) The notification must state the date of the decision.

(6) Where—

(a) OFCOM decide that it is not appropriate for them to handle the dispute; but

(b) the dispute is not resolved by other means before the end of the four months after the day of OFCOM’s decision,

the dispute may be referred back to OFCOM by one or more of the parties to the dispute.