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- Original (As enacted)
Communications Act 2003 is up to date with all changes known to be in force on or before 08 October 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 2 Networks, services and the radio spectrum
Chapter 1 Electronic communications networks and services
Conditions of entitlement to provide network or service etc.
80.Proposals for identifying markets and for market power determinations
80A.Consultation for market identifications and market power determinations
80B.EU consultation for market identifications and market power determinations
81.Delivery of copies of notifications under sections 79 and 80A
84.Review of services market identifications and determinations
84A.Timing of services market identifications and determinations
85.Review of apparatus market identifications and determinations
94.Notification of contravention of SMP apparatus conditions
96A.Notification of contravention of condition other than SMP apparatus condition
100.Suspending service provision for contraventions of conditions
100A.Suspending service provision for breach of SMP services condition
101.Suspending apparatus supply for contraventions of conditions
103.Enforcement of directions under ss. 98, 100 , 100A and 101
104.Civil liability for breach of conditions or confirmation decision
Security of public electronic communications networks and services
105C.Duty to take measures in response to security compromises
105D.Duty to take specified measures in response to security compromise
105I.Duty to explain failure to act in accordance with code of practice
105L.Powers of OFCOM to inform others of security compromise
105M.General duty of OFCOM to ensure compliance with security duties
105N.Power of OFCOM to assess compliance with security duties
105Q.Assessment notices: applications in respect of urgency statements
105R.Assessment notices: information about entering premises
105U.Enforcement of security duties: proposal for interim steps
105V.Enforcement of security duties: direction to take interim steps
105X.Relationship between security duties and certain other duties etc
105Y.Statement of policy on ensuring compliance with security duties
Security of public electronic communications networks and services: designated vendor directions
Electronic communications code
109.Restrictions and conditions subject to which code applies
111.Confirmation decision for contravention of code restrictions
116.Notification of cessation by person to whom code applies
117.Transitional schemes on cessation of application of code
119.Power to give assistance in relation to certain proceedings
Online infringement of copyright: obligations of internet service providers
124A.Obligation to notify subscribers of copyright infringement reports
124B.Obligation to provide copyright infringement lists to copyright owners
124D.Initial obligations code by OFCOM in the absence of an approved code
124G.Obligations to limit internet access: assessment and preparation
124I.Code by OFCOM about obligations to limit internet access
124J.Contents of code about obligations to limit internet access
135.Information required for purposes of certain OFCOM functions
138.Notification of contravention of information requirements
140.Suspending service provision for information contraventions
141.Suspending apparatus supply for information contraventions
146A.Rights of third parties to use information without charge
172.Contraventions of conditions for use of wireless telegraphy
174.Procedure for prosecutions of wireless telegraphy offences
175.Special procedure for contraventions by multiplex licence holders
177.“Relevant amount of gross revenue” for the purposes of s. 176
179.Modification of penalties for certain wireless telegraphy offences
180.Fixed penalties for certain wireless telegraphy offences
Chapter 3 Disputes and appeals
192.Appeals against decisions by OFCOM, the Secretary of State etc.
193A.Recovery of CMA's costs in respect of price control references
194.Composition of Competition Commission for price control references
194A.Disposal of appeals under section 192 (other than against certain decisions of Secretary of State)
195.Disposal of appeals under section 192 against certain decisions of Secretary of State
Part 3 Television and Radio Services ETC
Chapter 2 Regulatory Structure for Independent Television Services
Reviews relating to licensing of Channels 3 & 5 and teletext
Television licensable content services
233.Services that are not television licensable content services
237.Penalties for contravention of licence condition or direction
238.Revocation of television licensable content service licence
239.Action against licence holders who incite crime or disorder
240.Abolition of separate licences for certain television services
Chapter 3 Regulatory Structure for Independent Radio Services
Chapter 4 Regulatory provisions
Must-offer obligations etc. affecting public service television
Independent and regional productions and programmes for public service television
Programming quotas for digital television programme services
Power to proscribe unacceptable foreign television and radio services
Co-operation with other Member States and the European Commission
Chapter 5 Media ownership and control
Chapter 6 Other provisions about television and radio services
Part 3A Prominence on television selection services
Part 3B Regulation of radio selection services
PART 4B VIDEO-SHARING PLATFORM SERVICES
PART 4C Online advertising of less healthy food and drink
Part 6 Miscellaneous and Supplemental
401.Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006
402.Power of Secretary of State to make orders and regulations
406.Minor and consequential amendments, transitionals and repeals
408.Transitional provision for anticipatory carrying out of functions
409.Modifications consequential on regulations implementing Directives
410.Application of enactments to territorial sea and other waters
SCHEDULES
Functions transferred to OFCOM
Functions in relation to the licensing etc. of television services
Functions in relation to the proscription of foreign satellite services
Warrants to enter and search premises to enforce broadcasting licences provisions
Reports for the purposes of the review of digital broadcasting
Functions in relation to reservation of digital capacity to the BBC
The electronic communications code
PART 2 Conferral of code rights and their exercise
PART 3 Assignment of code rights, and upgrading and sharing of apparatus
PART 4A Code rights in respect of land connected to leased premises: unresponsive occupiers
PART 6 Rights to require removal of electronic communications apparatus
When does a landowner have the right to require removal of electronic communications apparatus?
How does a landowner or occupier find out whether apparatus is on land pursuant to a code right?
How does a landowner or occupier enforce removal of apparatus?
How are other rights to require removal of apparatus enforced?
When can a separate application for restoration of land be made?
What orders may the court make on an application under paragraphs 40 to 43?
PART 7 Conferral of transport land rights and their exercise
Non-emergency works: when can an operator exercise the transport land rights?
What is the effect of the transport undertaker giving notice of objection to the operator?
Emergency works: when can an operator exercise the transport land rights?
What happens if a dispute about the transport land rights is referred to arbitration?
When can a transport undertaker require an operator to alter communications apparatus?
What happens to the transport land rights if land ceases to be transport land?
Offence: operators who do not comply with this Part of this code
PART 9 Conferral of tidal water rights and their exercise
PART 10 Undertaker's works affecting electronic communications apparatus
When can an undertaker carry out non-emergency undertaker's works?
What is the effect of the operator giving counter-notice to the undertaker?
When can the operator alter apparatus in connection with non-emergency undertaker's works?
When can an undertaker carry out emergency undertaker's works?
Offence: undertakers who do not comply with this Part of this code
PART 15 Notices under the code
PART 16 Enforcement and dispute resolution
Compulsory purchase and entry for exploratory purposes
Procedure for grants of recognised spectrum access
Fixed penalties for wireless telegraphy offences
Seizure and forfeiture of apparatus
Decisions not subject to appeal
4.A decision required to be published in a notification under...
6.A decision given effect to by regulations under section 66....
7.A decision given effect to by regulations under section 71...
7A.A decision to include a statement under section 105P(1)(b) in...
8.A decision required to be published in a notification under...
11A.A decision to require information under section 135, so far...
13.A decision relating to the publication of the United Kingdom...
14.A decision in exercise of the functions conferred on OFCOM...
17.A decision given effect to by regulations under section 159....
18.A decision given effect to by regulations under section 162....
20.A decision given effect to by regulations under section 168....
21.A decision given effect to by regulations under section 170...
24.A decision given effect to by regulations under paragraph 1...
37.A decision relating to the publication of the United Kingdom...
38.A decision in exercise of the functions conferred on OFCOM...
40.A decision given effect to— (a) by regulations under section...
42.A decision given effect to by regulations under section 31...
44.A decision to impose a penalty under section 42(1) for...
Approval, imposition and modification of networking arrangements
Restrictions on product placement
Financial penalties under the Broadcasting Acts
Amendments of Broadcasting Acts
Part 1 Amendments of the 1990 Act
Prohibition on providing television services without a licence
Procedure on consideration of applications for Channel 3 licences
Financial conditions of licence and failures to begin a service
Temporary provision of Channel 3 service for an additional area
Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licences
Procedure on application etc. for additional television services licences
Additional payments in respect of additional television services licences
Additional television services not to interfere with other transmissions
Disqualification of persons convicted of transmission offences
Restrictions affecting change in control of holder of national licence
Power to suspend licences to provide radio licensable content services from a satellite
Additional payments in respect of additional radio services licences
Additional radio services not to interfere with other transmissions
Part 2 Amendments of the 1996 Act
Power to require two or more multiplex licences to be granted to one person
Enforcement of digital additional television services licences
Reservation of capacity for independent national broadcasters
Power to require two or more local radio multiplex licences to be granted to one person
Conditions which may be attached to radio multiplex licences
Additional payments to be made in respect of national radio multiplex licences
Video-sharing platform services: appropriate measures for the purposes of section 368Z1(1)
3.Include terms and conditions to the effect that a person...
5.Provide functionality for a person uploading a video to the...
6.Establish and operate— (a) transparent and user-friendly mechanisms for viewers...
7.Provide for parental control systems in relation to restricted material....
8.In relation to the implementation of the measures set out...
9.Provide information and tools for individuals using the service with...
Further amendments in connection with media mergers
8.(1) Section 43 of the Enterprise Act 2002 (intervention notices...
9.In section 45(1)(b) of that Act (circumstances in which the...
10.After section 50(2) of that Act (reports on references in...
11.In section 57(2) of that Act (duty to bring representations...
12.In section 58(4)(b) of that Act (retrospective effect of orders...
13.In section 60(4)(a) of that Act (final determination of matters...
14.In section 62(1)(b) of that Act (circumstances in which the...
15.After section 65(2) of that Act (reports on references in...
16.In section 67(1)(b) of that Act (intervention to protect legitimate...
17.In section 68(2)(c) of that Act (scheme for protecting legitimate...
18.(1) Section 107 of that Act (further publicity requirements) shall...
19.In section 108 of that Act (defamation) after the words...
20.(1) Section 117 of that Act (false or misleading information)...
21.In section 118(1) of that Act (excisions from reports) before...
22.In section 120(1) of that Act (review of decisions under...
24.(1) Section 124 of that Act (orders and regulations under...
25.(1) Section 130 of that Act (index of defined expressions)...
26.In section 180(2) of that Act (application of section 117...
Parts 3A and 3B: liability of parent entities etc
3.Liability of parent entities for failures by subsidiary entities
4.Liability of subsidiary entities for failures by parent entities
5.Liability of fellow subsidiary entities for failures by subsidiary entities
6.Liability of controlling individuals for failures by entities
8.For the purposes of this Schedule, sections 1161(4) and 1162...
Minor and Consequential Amendments
7.In section 1C of that Act (prohibition on Acts facilitating...
10.No appeal shall be brought to the tribunal established under...
11.(1) Section 10 of that Act (regulations as to radiation...
12.(1) Section 11 of that Act (enforcement of regulations as...
13.(1) Section 12 of that Act (enforcement of regulations as...
14.(1) Section 14 of that Act (penalties and legal proceedings)...
16.(1) Section 16 of that Act (regulations and orders) shall...
17.In section 19 of that Act (interpretation), after subsection (2)...
Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955
63.(1) Sections 44 to 46 of the Telecommunications Act 1984...
65.In section 79(6)(b) of that Act (seizure of apparatus etc.),...
66.(1) Section 83 of that Act (disposal of seized apparatus...
67.(1) Section 84 of that Act (approval of wireless telegraphy...
68.Section 90 of that Act (funding of wireless interference service...
69.(1) Section 91 of that Act (construction of references to...
70.(1) Section 94 of that Act (directions in the interests...
72.(1) Section 101 of that Act (general restrictions on disclosure...
73.In section 104 of that Act (orders and schemes), after...
74.In section 106(1) of that Act (general interpretation), after the...
Road Traffic (Driver Licensing and Information Systems) Act 1989
145.Subject to any other amendment made by any other provision...
146.In section 1 of that Act (charges for wireless telegraphy...
147.For section 2 of that Act there shall be substituted—...
148.(1) Section 4 of that Act (restriction on revocation or...
150.For section 6 of that Act there shall be substituted—...
151.(1) Section 8 of that Act (interpretation) shall be amended...
Steps taken in anticipation of passing or coming into force of Act
Savings for agreements referring to the termination of a 1984 Act licence
Saving for agreements with special provision for 1984 Act licence holders
General saving for agreements conditional on certain Broadcasting Act licences
Orders under Part 2 of the Deregulation and Contracting Out Act 1994
Pre-commencement proposals relating to universal service matters
Pre-commencement proposals relating to market power determinations
Saving for agreements having effect by reference to licensing regime
Saving for guarantees of liabilities of telecommunications code operators
Notices under section 1D of the Wireless Telegraphy Act 1949
Notices under regulations under section 3 of the Wireless Telegraphy Act 1998
Appeals against wireless telegraphy and telecommunications decisions
Transitory amendments to telecommunications terms in Broadcasting Act 1990
Saving pending replacement of licences for Channels 3 and 5 and the public teletext service
Applications for renewal of licences under 1990 Act and 1996 Act
Codes of practice drawn up by the Broadcasting Standards Commission
Orders in Council under section 6 of the Continental Shelf Act 1964
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