The Electronic Communications and Wireless Telegraphy Regulations 2011

94.  In section 189 (disputes involving other member States)— U.K.

(a) in subsection (1), after “Chapter” insert “ (other than a dispute falling within section 185(1)) ”,

(b) in subsection (4), for the words from “must” to the end substitute—

“(a) must co-ordinate their efforts with the other regulatory authorities within whose jurisdiction the matter falls,

(b) may consult BEREC in order to bring about a consistent resolution of the dispute, and

(c) may request BEREC to adopt an opinion as to the action to be taken to resolve the dispute.”,

(c) after subsection (5) insert—

“(5A) Where an opinion is received from BEREC in relation to the reference or dispute, it shall be the duty of OFCOM to secure that steps taken in relation to the reference or dispute take account of the opinion (whether the opinion was requested by OFCOM or by the other regulatory authorities).”, and

(d) after subsection (6) insert—

“(7) OFCOM must—

(a) ensure, so far as practicable, that a period agreed under subsection (6) is long enough for BEREC to provide an opinion, if one has been requested by OFCOM or by the other regulatory authorities, and

(b) agree to any necessary extension of the period if an opinion is requested from BEREC (by OFCOM or by the other regulatory authorities) after the period has been agreed.

(8) Subsection (7) does not apply if the dispute in question has resulted in, or creates an immediate risk of—

(a) a serious threat to the safety of the public, to public health or to national security;

(b) serious economic or operational problems for persons who are communications providers or persons who make associated facilities available; or

(c) serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities, or for other users of the radio spectrum.”