Communications Act 2003
Part 1
Functions of OFCOM
Transferred and assigned functions
1
Functions and general powers of OFCOM
2
Transfer of functions of pre-commencement regulators
General duties in carrying out functions
3
General duties of OFCOM
4
Duties for the purpose of fulfilling Community obligations
5
Directions in respect of networks and spectrum functions
6
Duties to review regulatory burdens
7
Duty to carry out impact assessments
8
Duty to publish and meet promptness standards
9
Secretary of State’s powers in relation to promptness standards
Accessible domestic communications apparatus
10
Duty to encourage availability of easily usable apparatus
Media literacy
11
Duty to promote media literacy
OFCOM’s Content Board
12
Duty to establish and maintain Content Board
13
Functions of the Content Board
Functions for the protection of consumers
14
Consumer research
15
Duty to publish and take account of research
16
Consumer consultation
17
Membership etc. of the Consumer Panel
18
Committees and other procedure of the Consumer Panel
19
Power to amend remit of Consumer Panel
Advisory committees
20
Advisory committees for different parts of the United Kingdom
21
Advisory committee on elderly and disabled persons
International matters
22
Representation on international and other bodies
23
Directions for international purposes in respect of broadcasting functions
General information functions
24
Provision of information to the Secretary of State
25
Community requirement to provide information
26
Publication of information and advice for consumers etc.
Employment in broadcasting
27
Training and equality of opportunity
Charging
28
General power to charge for services
Guarantees
29
Secretary of State guarantees for OFCOM borrowing
Provisions supplemental to transfer of functions
30
Transfers of property etc. from pre-commencement regulators
31
Transitional functions and abolition of pre-commencement regulators
Part 2
Networks, services and the radio spectrum
Chapter 1
Electronic communications networks and services
Preliminary
32
Meaning of electronic communications networks and services
Notification by providers
33
Advance notification to OFCOM
34
Designations and requirements for the purposes of s. 33
35
Notification of contraventions of s. 33
36
Enforcement notification for contravention of s. 33
37
Penalties for contravention of s. 33
Administrative charges imposed on providers
38
Fixing of charges
39
Supplemental provision about fixing charges
40
Notification of non-payment of charges
41
Penalties for non-payment of charges
42
Suspending service provision for non-payment
43
Enforcement of directions under s. 42
Register of providers required to notify or to pay charges
44
Duty of OFCOM to keep publicly accessible register
Conditions of entitlement to provide network or service etc.
45
Power of OFCOM to set conditions
46
Persons to whom conditions may apply
47
Test for setting or modifying conditions
48
Procedure for setting, modifying and revoking conditions
49
Directions and approvals for the purposes of a s. 45 condition
50
Delivery of copies of notifications etc.
General conditions: subject-matter
51
Matters to which general conditions may relate
General conditions: customer interests
52
Conditions relating to customer interests
53
Approval of codes of practice for the purposes of s. 52
54
Approval of dispute procedures for the purposes of s. 52
55
Orders by OFCOM in the absence of conditions under s. 52
General conditions: telephone numbers
56
The National Telephone Numbering Plan
57
Conditions to secure access to telephone numbers
58
Conditions about allocation and adoption of numbers
59
Telephone numbering conditions binding non-providers
60
Modification of documents referred to in numbering conditions
61
Withdrawal of telephone number allocations
62
Numbering reorganisations
63
General duty as to telephone numbering functions
General conditions: must-carry obligations
64
Must-carry obligations
Universal service conditions
65
Obligations to be secured by universal service conditions
66
Designation of universal service providers
67
Subject-matter of universal service conditions
68
Tariffs etc. for universal services
69
Directories and directory enquiry facilities
70
Review of compliance costs
71
Sharing of burden of universal service obligations
72
Report on sharing mechanism
Access-related conditions
73
Permitted subject-matter of access-related conditions
74
Specific types of access-related conditions
75
Conditional access systems and access to digital services
76
Modification and revocation of conditions imposed under s. 75
Privileged supplier conditions
77
Imposition of privileged supplier conditions
SMP conditions: procedure
78
Circumstances required for the setting of SMP conditions
79
Market power determinations
80
Proposals for identifying markets and for market power determinations
81
Delivery of copies of notifications under ss. 79 and 80
82
European Commission’s powers in respect of proposals
83
Special rules for transnational markets
84
Review of services market identifications and determinations
85
Review of apparatus market identifications and determinations
86
Cases where review required
SMP services conditions: subject-matter
87
Conditions about network access etc.
88
Conditions about network access pricing etc.
89
Conditions about network access in exceptional cases
90
Conditions about carrier selection and pre-selection
91
Conditions about regulation of services etc. for end-users
92
Conditions about leased lines
SMP apparatus conditions: subject-matter
93
Conditions about apparatus supply
Enforcement of conditions
94
Notification of contravention of conditions
95
Enforcement notification for contravention of conditions
96
Penalties for contravention of conditions
97
Amount of penalty under s. 96
98
Power to deal with urgent cases
99
Confirmation of directions under s. 98
100
Suspending service provision for contraventions of conditions
101
Suspending apparatus supply for contraventions of conditions
102
Procedure for directions under ss. 100 and 101
103
Enforcement of directions under ss. 98, 100 and 101
104
Civil liability for breach of conditions or enforcement notification
OFCOM’s duty to intervene on network access issues
105
Consideration and determination of network access questions
Electronic communications code
106
Application of the electronic communications code
107
Procedure for directions applying code
108
Register of persons in whose case code applies
109
Restrictions and conditions subject to which code applies
110
Enforcement of restrictions and conditions
111
Enforcement notification for contravention of code restrictions
112
Penalties for contravention of code restrictions
113
Suspension of application of code
114
Procedure for directions under s. 113
115
Modification and revocation of application of code
116
Notification of cessation by person to whom code applies
117
Transitional schemes on cessation of application of code
118
Compulsory acquisition of land etc.
119
Power to give assistance in relation to certain proceedings
Regulation of premium rate services
120
Conditions regulating premium rate services
121
Approval of code for premium rate services
122
Orders by OFCOM in the absence of a code under s. 121
123
Enforcement of s. 120 conditions
124
Suspending service provision for contraventions of s. 120 conditions
Offences relating to networks and services
125
Dishonestly obtaining electronic communications services
126
Possession or supply of apparatus etc. for contravening s. 125
127
Improper use of public electronic communications network
Persistent misuse of network or service
128
Notification of misuse of networks and services
129
Enforcement notifications for stopping persistent misuse
130
Penalties for persistent misuse
131
Statement of policy on persistent misuse
Powers to deal with emergencies
132
Powers to require suspension or restriction of a provider’s entitlement
133
Enforcement of directions under s. 132
Restrictions in leases and licences
134
Restrictions in leases and licences
Information provisions
135
Information required for purposes of Chapter 1 functions
136
Information required for related purposes
137
Restrictions on imposing information requirements
138
Notification of contravention of information requirements
139
Penalties for contravention of information requirements
140
Suspending service provision for information contraventions
141
Suspending apparatus supply for information contraventions
142
Procedure for directions under ss. 140 and 141
143
Enforcement of directions under ss. 140 and 141
144
Offences in connection with information requirements
145
Statement of policy on information gathering
146
Provision of information by OFCOM
Abolition of telecommunications licensing etc.
147
Repeal of provisions of Telecommunications Act 1984
Local authority powers in relation to networks and services
148
Powers of local authorities in connection with networks
Grants for networks and services in Northern Ireland
149
Grants by Department of Enterprise, Trade and Investment
150
Grants by district councils
Interpretation of Chapter 1
151
Interpretation of Chapter 1
Chapter 2
Spectrum use
General functions relating to spectrum use
152
General functions of OFCOM in relation to radio spectrum
153
United Kingdom Plan for Frequency Authorisation
154
Duties of OFCOM when carrying out spectrum functions
155
Advisory service in relation to interference
156
Directions with respect to the radio spectrum
157
Procedure for directions under s. 156
Reservation of spectrum for multiplex use
158
Special duty in relation to television multiplexes
Recognised spectrum access
159
Grant of recognised spectrum access
160
Effect of grant of recognised spectrum access
161
Charges in respect of grants of recognised spectrum access
162
Conversion into and from wireless telegraphy licences
Crown use of the radio spectrum
163
Payments for use of radio spectrum by the Crown
Limitations and exemptions applied to spectrum use
164
Limitations on authorised spectrum use
165
Terms etc. of wireless telegraphy licences
166
Exemption from need for wireless telegraphy licence
Award and transfer of licences
167
Bidding for wireless telegraphy licences
168
Spectrum trading
Variation and revocation of licences
169
Variation and revocation of wireless telegraphy licences
Wireless telegraphy register
170
Wireless telegraphy register
Information requirements
171
Information requirements in relation to wireless telegraphy licences
Criminal proceedings etc.
172
Contraventions of conditions for use of wireless telegraphy
173
Meaning of “repeated contravention” in s. 172
174
Procedure for prosecutions of wireless telegraphy offences
175
Special procedure for contraventions by multiplex licence holders
176
Amount of penalty under s. 175
177
“Relevant amount of gross revenue” for the purposes of s. 176
178
Proceedings for an offence relating to apparatus use
179
Modification of penalties for certain wireless telegraphy offences
180
Fixed penalties for certain wireless telegraphy offences
181
Power of arrest
182
Forfeiture etc. of restricted apparatus
Construction of 1949 Act
183
Modification of definition of “undue interference”
184
Modification of definition of “wireless telegraphy”
Chapter 3
Disputes and appeals
Disputes
185
Reference of disputes to OFCOM
186
Action by OFCOM on dispute reference
187
Legal proceedings about referred disputes
188
Procedure for resolving disputes
189
Disputes involving other member States
190
Resolution of referred disputes
191
OFCOM’s power to require information in connection with dispute
Appeals
192
Appeals against decisions by OFCOM, the Secretary of State etc.
193
Reference of price control matters to the Competition Commission
194
Composition of Competition Commission for price control references
195
Decisions of the Tribunal
196
Appeals from the Tribunal
Interpretation of Chapter 3
197
Interpretation of Chapter 3
Part 3
Television and Radio Services
Chapter 1
The BBC, C4C the Welsh Authority and the Gaelic media service
The BBC
198
Functions of OFCOM in relation to the BBC
C4C
199
Functions of C4C
200
Removal of members of C4C
201
Deficits and surpluses of C4C
202
Borrowing limit for C4C
The Welsh Authority
203
Function of OFCOM in relation to the Welsh Authority
204
Welsh Authority’s function of providing S4C and S4C Digital
205
Powers to provide other services
206
Other activities of Welsh Authority
207
Welsh Authority finances
The Gaelic Media Service
208
The Gaelic Media Service
209
Membership of the Service
210
Supplementary provisions about the Service
Chapter 2
Regulatory Structure for Independent Television Services
Preliminary
211
Regulation of independent television services
212
Abolition of function of assigning television frequencies
213
Abolition of licensing for local cable systems
Channels 3 and 5
214
Digital Channel 3 and Channel 5 licences
215
Replacement of existing Channel 3 and Channel 5 licences
216
Renewal of Channel 3 and 5 licences
217
Financial terms of licence renewed under s. 216
The public teletext service
218
Duty to secure the provision of a public teletext service
219
Licensing of the public teletext service
220
Delegation of provision of public teletext service
221
Replacement of existing public teletext provider’s licence
222
Renewal of public teletext licence
223
Financial terms of licence renewed under s. 222
Meaning of initial expiry date
224
Meaning of “initial expiry date”
Reviews relating to licensing of Channels 3 & 5 and teletext
225
Application for review of financial terms of replacement licences
226
Application for review of financial terms in consequence of new obligations
227
Reviews under ss. 225 and 226
228
Giving effect to reviews under ss. 225 and 226
229
Report in anticipation of new licensing round
230
Orders suspending rights of renewal
Replacement of Channel 4 licence
231
Replacement of Channel 4 licence
Television licensable content services
232
Meaning of “television licensable content service”
233
Services that are not television licensable content services
234
Modification of ss. 232 and 233
235
Licensing of television licensable content services
236
Direction to licensee to take remedial action
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
Television multiplex services
241
Television multiplex services
242
Composition of services in television multiplexes
243
Powers where frequencies reserved for qualifying services
Local digital television services
244
Local digital television services
Chapter 3
Regulatory Structure for Independent Radio Services
Preliminary
245
Regulation of independent radio services
246
Abolition of function of assigning radio frequencies
Radio licensable content services
247
Meaning of “radio licensable content services”
248
Services that are not radio licensable content services
249
Modification of ss. 247 and 248
250
Licensing of radio licensable content services
251
Abolition of separate licences for certain sound services
Licence periods etc.
252
Extension of licence periods
253
Extension and modification of existing licences
254
Renewal of local licences
255
Extension of special application procedure for local licences
Provision of simulcast radio services
256
Definition of simulcast radio services
257
Promotion of simulcast radio services
Multiplexes broadcasting sound programmes
258
Radio multiplex services
259
Composition of services in radio multiplexes
260
Digital sound services for inclusion in non-radio multiplexes
261
Renewal of radio multiplex licences
Community radio
262
Community radio
Chapter 4
Regulatory provisions
Application of regulatory regimes
263
Application of regulatory regimes
The public service remit for television
264
OFCOM reports on the fulfilment of the public service remit
265
Public service remits of licensed providers
266
Statements of programme policy
267
Changes of programme policy
268
Statements of service policy by the public teletext provider
269
Changes of service policy
270
Enforcement of public service remits
271
Power to amend public service remits
Must-offer obligations etc. affecting public service television
272
Must-offer obligations in relation to networks
273
Must-offer obligations in relation to satellite services
274
Securing reception of must-provide services in certain areas
275
Must-provide services for the purposes of s. 274
276
Co-operation with the public teletext provider
Programming quotas for public service television
277
Programming quotas for independent productions
278
Programming quotas for original productions
News provision etc. on public service television
279
News and current affairs programmes
280
Appointed news providers for Channel 3
281
Disqualification from appointment as news provider
282
Power to repeal or modify Channel 3 news provider provisions
283
News providers for Channel 5
284
News provision on the public teletext service
Independent and regional productions and programmes for public service television
285
Code relating to programme commissioning
286
Regional programme-making for Channels 3 and 5
287
Regional programmes on Channel 3
288
Regional programme-making for Channel 4
289
Regional matters in the public teletext service
Networking arrangements for Channel 3
290
Proposals for arrangements
291
Obligation as to making and continuance of approved arrangements
292
OFCOM’s power to impose arrangements
293
Review of approved networking arrangements etc.
294
Supplemental provision about networking arrangements
Special obligations for Channel 4
295
Involvement of C4 Corporation in programme-making
296
Schools programmes on Channel 4
297
Channel 4 contribution towards national television archive
Special obligation for the public teletext provider
298
Conditions prohibiting interference with other services
Sporting and other events of national interest
299
Categorisation of listed events
300
Effects of categorisation of listed events
301
Code relating to listed events
302
Regulations about coverage of listed events
Television services for the deaf and visually impaired
303
Code relating to provision for the deaf and visually impaired
304
Procedure for issuing and revising code under s. 303
305
Meaning of “relevant date” in s. 303
306
Power to modify targets in s. 303
307
Observance of code under s. 303
308
Assistance for the visually impaired with the public teletext service
Programming quotas for digital television programme services
309
Quotas for independent programmes
Regulation of electronic programme guides
310
Code of practice for electronic programme guides
311
Conditions to comply with code under s. 310
Character and coverage of radio services
312
Character and coverage of sound broadcasting services
313
Consultation about change of character of local services
314
Local content and character of local sound broadcasting services
315
Variations of radio multiplex licences affecting service characteristics
Competition between licensed providers etc.
316
Conditions relating to competition matters
317
Exercise of Broadcasting Act powers for a competition purpose
318
Review of powers exercised for competition purposes
Programme and fairness standards for television and radio
319
OFCOM’s standards code
320
Special impartiality requirements
321
Objectives for advertisements and sponsorship
322
Supplementary powers relating to advertising
323
Modification of matters to be taken into account under s. 319
324
Setting and publication of standards
325
Observance of standards code
326
Duty to observe fairness code
327
Standards with respect to fairness
328
Duty to publicise OFCOM’s functions in relation to complaints
Power to proscribe unacceptable foreign television and radio services
329
Proscription orders
330
Effect of proscription order
331
Notification for enforcing proscription
332
Penalties for contravention of notification under s. 331
Party political broadcasts on television and radio
333
Party political broadcasts
Monitoring of programmes
334
Retention and production of recordings
International obligations
335
Conditions securing compliance with international obligations
Government requirements for licensed services
336
Government requirements for licensed services
Equal opportunities and training
337
Promotion of equal opportunities and training
Corresponding rules for the BBC and Welsh Authority
338
Corresponding rules for the BBC and the Welsh Authority
Enforcement against the Welsh Authority
339
Review of fulfilment by Welsh Authority of public service remits
340
Directions to Welsh Authority to take remedial action
341
Imposition of penalties on the Welsh Authority
342
Contraventions recorded in Welsh Authority’s annual report
343
Provision of information by Welsh Authority
Enforcement of licence conditions
344
Transmission of statement of findings
345
Financial penalties imposable on licence holders
346
Recovery of fees and penalties
Broadcasting Act licence fees
347
Statement of charging principles
Chapter 5
Media ownership and control
Restrictions on licence holders
348
Modification of disqualification provisions
349
Licence holding by local authorities
350
Relaxation of licence-holding restrictions
Changes of control
351
Changes of control of Channel 3 services
352
Action following review under s. 351
353
Changes of control of Channel 5
354
Action following review under s. 353
355
Variation of local licence following change of control
356
Action following review under s. 355
Meaning of control
357
Meaning of “control”
Chapter 6
Other provisions about television and radio services
Annual report on television and radio
358
Annual factual and statistical report
Community radio and local digital television
359
Grants to providers
Supplemental provisions of Part 3
360
Amendments of the 1990 and 1996 Acts
361
Meaning of “available for reception by members of the public”
362
Interpretation of Part 3
Part 4
Licensing of TV reception
363
Licence required for use of TV receiver
364
TV licences
365
TV licence fees
366
Powers to enforce TV licensing
367
Interpretation of provisions about dealer notification
368
Meanings of “television receiver” and “use”
Part 5
Competition in communications markets
Chapter 1
Functions of OFCOM under competition legislation
369
Matters in relation to which OFCOM have competition functions
370
OFCOM’s functions under Part 4 of the Enterprise Act 2002
371
OFCOM’s functions under the Competition Act 1998
372
Application of the Competition Act 1998 to news provision
Chapter 2
Media mergers
Introductory
373
Repeal of existing newspaper merger regime
374
Repeal of exclusion for newspaper mergers from general merger controls
Adaptation for media mergers of main merger regime
375
Media public interest considerations
376
Adaptation of role of OFT in initial investigations and reports
377
Additional investigation and report by OFCOM
Extension of special public interest regime
378
Extension of special public interest regime for certain media mergers
379
Adaptation of role of OFT in special public interest regime
380
Additional investigation and report by OFCOM: special public interest cases
New general functions in relation to media mergers
381
Public consultation in relation to media mergers
382
General information duties in relation to media mergers
383
Advice and information in relation to media mergers
384
General advisory functions of OFCOM in relation to media mergers
385
Other general functions of OFCOM in relation to media mergers
386
Monitoring role for OFT in relation to media mergers
Supplemental provisions of Chapter 2
387
Enforcement powers in relation to newspaper and other media mergers
388
Alterations concerning newspaper panel of Competition Commission
389
Further provision in connection with media mergers
Part 6
Miscellaneous and Supplemental
Annual report
390
Annual report on the Secretary of State’s functions
Review of media ownership
391
Review of media ownership
Guidelines as to penalties
392
Penalties imposed by OFCOM
Disclosure of information
393
General restrictions on disclosure of information
Notifications etc. and electronic working
394
Service of notifications and other documents
395
Notifications and documents in electronic form
396
Timing and location of things done electronically
Other miscellaneous provisions
397
Purchase of Duchy of Lancaster land
398
Repeal of certain provisions of the Telecommunications Act 1984
Supplemental
399
Expenses
400
Destination of licence fees and penalties
401
Power of OFCOM to retain costs of carrying out spectrum functions
402
Power of Secretary of State to make orders and regulations
403
Regulations and orders made by OFCOM
404
Criminal liability of company directors etc.
405
General interpretation
406
Minor and consequential amendments, transitionals and repeals
407
Pre-consolidation amendments
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
411
Short title, commencement and extent
SCHEDULES
SCHEDULE 1
Functions transferred to OFCOM
1
Wireless telegraphy functions
2
(1) The functions of the Secretary of State under section...
3
Functions in relation to the licensing etc. of television services
4
Functions in relation to C4C
5
Functions in relation to the licensing of radio services
6
Functions in relation to the proscription of foreign satellite services
7
Functions in relation to Gaelic broadcasting
8
Functions in relation to the national television archive
9
Warrants to enter and search premises to enforce broadcasting licences provisions
10
Variation of existing Channel 3 and Channel 5 licences
11
Reports for the purposes of the review of digital broadcasting
12
Functions in relation to reservation of digital capacity to the BBC
13
Functions in relation to listed events
14
Functions relating to fairness and privacy in broadcasting
SCHEDULE 2
Transfer schemes
1
Contents of transfer scheme
2
Effect of transfer scheme
3
Retrospective modification of a transfer scheme
4
Compensation
5
Stamp duty
6
Interpretation of Schedule
SCHEDULE 3
Amendments of Schedule 2 to the Telecommunications Act 1984
1
Introductory
2
Meaning of conduit system and electronic communications apparatus, network or service
3
Meaning of operator and operator’s system
4
Provision of a conduit system
5
General amendments
6
Power to fly lines
7
Power to require alteration of apparatus
8
Undertaker’s works
9
Notices under the code
10
Application of code to the Crown
11
Effect of agreements concerning sharing of apparatus
SCHEDULE 4
Compulsory purchase and entry for exploratory purposes
1
Interpretation
2
General duties with respect to powers under Schedule
3
Compulsory purchase of land: England and Wales
4
Compulsory purchase of land: Scotland
5
Compulsory purchase of land: Northern Ireland
6
Entry on land for exploratory purposes: England and Wales
7
Entry on land for exploratory purposes: Scotland
8
Entry on land for exploratory purposes: Northern Ireland
9
Acquisition of land by agreement
SCHEDULE 5
Procedure for grants of recognised spectrum access
1
General procedure for applications
2
Information to be provided in connection with applications
3
Notice of proposed refusal of application
4
Duration of grant
5
Revocation or modification
6
Notice of proposed revocation or modification
7
Restriction on powers of revocation and modification
8
Interpretation
SCHEDULE 6
Fixed penalties for wireless telegraphy offences
1
Offences to which this Schedule applies
2
Fixed penalties and fixed penalty notices
3
Issuing of fixed penalty notice
4
Content of fixed penalty notice
5
Withdrawal of fixed penalty notice
6
Notification to person to whom payment is to be made
7
Effect of fixed penalty notice
8
Payment of fixed penalty
9
Effect of payment
10
Service of statement and proof of service
11
Certificate about payment
12
Regulations
13
Interpretation
SCHEDULE 7
Seizure and forfeiture of apparatus
1
Application of Schedule
2
Notice of seizure
3
Notice of claim
4
(1) A notice of claim must be given within one...
5
Condemnation
6
(1) Where a notice of claim in respect of the...
7
Where the restricted apparatus is condemned or taken to have...
8
Proceedings for condemnation by court
9
Proceedings for the condemnation of restricted apparatus instituted in a...
10
(1) In proceedings for condemnation that are instituted in England...
11
(1) In the case of proceedings for condemnation instituted in...
12
Where an appeal has been made (whether by case stated...
13
Disposal of unclaimed property
14
Provisions as to proof
15
In any proceedings, the condemnation by a court of restricted...
16
Special provisions as to certain claimants
17
Saving for owner’s rights
SCHEDULE 8
Decisions not subject to appeal
1
Prosecutions and civil proceedings
2
A decision (other than one under section 119) to take...
3
This Act
4
A decision required to be published in a notification under...
5
A decision given effect to by an order under section...
6
A decision given effect to by regulations under section 66....
7
A decision given effect to by regulations under section 71....
8
A decision required to be published in a notification under...
9
A decision given effect to by an order under section...
10
A decision relating to the making or revision of a...
11
A decision given effect to by an order under section...
12
A decision relating to the making or revision of a...
13
A decision relating to the publication of the United Kingdom...
14
A decision in exercise of the functions conferred on OFCOM...
15
A decision under section 155.
16
A decision under section 158.
17
A decision given effect to by regulations under section 159....
18
A decision given effect to by regulations under section 162....
19
A decision given effect to by an order under section...
20
A decision given effect to by regulations under section 168....
21
A decision given effect to by regulations under section 170...
22
A decision to impose a penalty under section 175(1).
23
A decision relating to the making or revision of a...
24
A decision given effect to by regulations under paragraph 1...
25
A decision under any provision of Schedule 6.
26
A decision under any provision of Schedule 7.
27
Wireless Telegraphy Act 1949
28
A decision given effect to by regulations under section 1D(3)...
29
A decision given effect to by regulations under section 3...
30
A decision given effect to by regulations under section 10...
31
A decision relating to the making or revision of a...
32
A decision for the purposes of section 15 of that...
33
Wireless Telegraphy Act 1998
34
A decision given effect to by regulations under section 3...
35
A decision given effect to by regulations under section 3A...
36
A decision relating to the recovery of a sum payable...
SCHEDULE 9
Arrangements about carrying on of C4C’s activities
1
Notification of requirement to submit proposals
2
Submission of proposed arrangements
3
Consideration and approval of proposals
4
Duration of approval and modification of arrangements
5
Publication of approved arrangements
6
Duty of C4C to act in accordance with the approved arrangements
7
nforcement of duties
8
Penalty for contravention of the arrangements
9
OFCOM’s duty to take account of need to support C4C’s primary functions
10
Interpretation of Schedule
SCHEDULE 10
Licensing the public teletext service
Part 1
Applications for and award of licence
1
Notice of proposal to grant licence
2
Guidance as to applications
3
Applications for the licence
4
Notice inviting public representations
5
Determination of applications
6
Revocation of award
Part 2
Conditions and enforcement of licence
7
Payments to be made in respect of the public teletext service
8
Corrections and statements of findings by the public teletext provider
9
Enforcement of the licence for the public teletext service
10
Power to shorten licence period
11
Revocation for contravention of condition or direction
12
Penalty on revocation
13
Power to modify penalties in paragraph 12
Part 3
Interpretation of Schedule
14
In this Schedule “licence period”, in relation to a licence,...
15
(1) For the purposes of this Schedule the qualifying revenue...
SCHEDULE 11
Approval, imposition and modification of networking arrangements
1
Application of Schedule
2
Approval required for modifications
3
Procedure for giving approval
4
Decision of OFCOM whether or not to approve arrangements or modifications
5
Notification of decisions on imposition of arrangements
6
Competition tests applying to OFCOM’s decisions
7
Other matters to be taken into account
8
Duty to refuse approval in certain cases
9
Appeals against decisions relating to competition test
10
Decisions on an appeal
11
Appeals against decisions of the Tribunal
12
Information for OFCOM
13
Enforcement of information provisions
14
Confidentiality and defamation
15
Interpretation of Schedule
SCHEDULE 12
Corresponding obligations of the BBC and Welsh Authority
Part 1
The BBC
1
Quotas for independent productions
2
Duty to publicise complaints procedures etc.
Part 2
The Welsh Authority
3
Public service remits of the Welsh Authority services
4
Statements of programme policy
5
Must-offer obligations in relation to networks and satellite services
6
Supply of services by satellite in certain areas
7
Programming quotas for independent productions
8
Programme quotas for original productions
9
News and current affairs programmes
10
Code relating to programme commissioning
11
Co-operation with the public teletext provider
12
Programme standards
13
It shall be the duty of the Welsh Authority to...
14
(1) It shall be the duty of the Welsh Authority...
15
(1) This paragraph applies if OFCOM are satisfied—
16
Directions with respect to advertising
17
Fairness standards
18
Party political broadcasts
19
Duty to publicise complaints procedures etc.
20
Monitoring of programmes
21
Compliance with international obligations
22
Services for the deaf and visually impaired
23
Equality of opportunity
24
Meaning of Welsh Authority’s public services
SCHEDULE 13
Financial penalties under the Broadcasting Acts
Part 1
Broadcasting Act 1990
1
Preliminary
2
Revocation of television services licence
3
Licences for Channel 3 services and for Channels 4 and 5
4
Restricted services licences
5
Additional television services licences
6
Revocation of national sound broadcasting licence
7
Licences for analogue sound services
8
Additional radio services licences
9
Power to amend penalties under the 1990 Act
Part 2
Broadcasting Act 1996
10
Preliminary
11
Revocation of television multiplex licences
12
Attribution of television multiplex revenue
13
Multiplex licences
14
Digital television programme licences
15
Digital additional television services licences
16
Power to amend digital television penalties
17
Revocation of radio multiplex licences
18
Attribution of radio multiplex revenue
19
Contraventions of conditions of radio multiplex licences
20
Digital sound programme licences
21
Licences for digital additional sound services
22
Power to amend digital television penalties
SCHEDULE 14
Media ownership rules
Part 1
Channel 3 services
1
Ban on newspaper proprietors holding Channel 3 licences
2
Restrictions on participation
3
National and local newspapers and their respective national and local market shares
4
Construction of references to running a newspaper
5
Coverage area for a Channel 3 service
6
Power to amend Part 1 of Schedule
Part 2
Radio multiplex services
7
Restriction on holding of national radio multiplex licences
8
Restriction on holding of local radio multiplex licences
9
Connected persons rules etc.
10
Power to amend Part 2 of Schedule
Part 3
Local sound programme services
11
Restriction on holding of local sound broadcasting licences
12
Restriction applying to local digital sound programme services
13
Powers supplemental to powers under paragraphs 11 and 12
14
Transitional provision for orders under paragraphs 11 and 12
Part 4
Religious bodies etc.
15
Approval required for religious bodies etc. to hold licences
16
Power to amend Part 4 of Schedule
Part 5
Supplemental provisions of Schedule
17
Procedure for orders
18
Interpretation of Schedule
SCHEDULE 15
Amendments of Broadcasting Acts
Part 1
Amendments of the 1990 Act
1
Licences under Part 1
2
General licence conditions
3
Restrictions on licence holding
4
Repeal of previous regulatory regime
5
Prohibition on providing television services without a licence
6
Television broadcasting on Channel 3
7
Applications for Channel 3 licences
8
Procedure on consideration of applications for Channel 3 licences
9
Television broadcasting on Channel 3
10
Financial conditions of licence and failures to begin a service
11
Changes of control in period after award of licence
12
Temporary provision of Channel 3 service for an additional area
13
Appointment of members of C4 Corporation
14
Channel 4 licence
15
Channel 5
16
Application to Channel 5 of Channel 3 provisions
17
Announcement of programme Schedules
18
Enforcement of conditions of Channel 3, Channel 4 and Channel 5 licences
19
Restricted services
20
Additional television services
21
Licensing of additional television services
22
Applications for additional services licences
23
Procedure on application etc. for additional television services licences
24
Additional payments in respect of additional television services licences
25
Duration of additional television services licences
26
Additional television services not to interfere with other transmissions
27
Enforcement of additional television services licences
28
The Welsh Authority
29
Distribution of licensed public service channels
30
Enforcement of licences held by BBC companies
31
Interpretation of Part 1
32
Licensing functions of OFCOM
33
Licences under Part 3 of the 1990 Act
34
General licence conditions
35
Restrictions on holding licences
36
Disqualification of persons convicted of transmission offences
37
Offence of providing regulated radio services
38
Applications for national licences
39
Consideration of applications for a national licence
40
Award of national licences
41
Failure to begin providing licensed service
42
Additional payments in respect of national licences
43
Restrictions affecting change in control of holder of national licence
44
Renewal of national licences
45
Applications for local licences
46
Renewal of local licences
47
Special procedure for applications for local licences
48
Special requirements relating to grant of local licences
49
Requirements as to character and coverage of services
50
Enforcement of licences
51
Power to suspend licences to provide radio licensable content services from a satellite
52
Additional radio services
53
Licensing of additional radio services
54
Applications for additional radio services licences
55
Procedure for awarding additional radio services licences
56
Additional payments in respect of additional radio services licences
57
Additional radio services not to interfere with other transmissions
58
Enforcement of additional radio services licences
59
Interpretation
60
Duty to provide advance information about programmes
61
Proscription of foreign satellite services
62
Financing of Gaelic Broadcasting
63
Gaelic Broadcasting in Scotland
64
Maintenance of the national television archive
65
Modification of networking arrangements
66
Search warrants
67
Notices
68
Interpretation
69
Disqualified persons
70
C4C
71
The Welsh Authority
72
Computation of qualifying revenue
73
The Gaelic Television Committee
Part 2
Amendments of the 1996 Act
74
Multiplex services and digital programme services
75
Meaning of qualifying service
76
Licences under Part 1
77
Licence conditions
78
Restrictions on digital licence holding
79
Multiplex licences
80
Award of multiplex licences
81
Power to require two or more multiplex licences to be granted to one person
82
Award of multiplex licences subject to conditions
83
Failure to provide licensed service and revocation
84
Conditions attached to multiplex licences
85
Additional payments in respect of multiplex licences
86
Multiplex revenue
87
Attribution of multiplex revenue to multiplex providers
88
Duration of multiplex licences
89
Enforcement of multiplex licences
90
Licensing of digital programme services
91
Conditions of licences for digital programme services
92
Duration and enforcement of multiplex licenses
93
Digital additional services
94
Licensing of digital additional services
95
Conditions of digital additional services licence
96
Enforcement of digital additional television services licences
97
Digital broadcasting of Gaelic programmes
98
Review of digital television broadcasting
99
Enforcement of licences held by BBC companies
100
Interpretation of Part 1
101
Radio multiplex services
102
Licences under Part 2 of the 1996 Act
103
General licence conditions
104
Restrictions on holding licences
105
National radio multiplex licences
106
Award of national radio multiplex licences
107
Reservation of capacity for independent national broadcasters
108
Reservation of digital capacity for BBC
109
Local radio multiplex licences
110
Award of local multiplex licences
111
Power to require two or more local radio multiplex licences to be granted to one person
112
Failure to begin to provide licensed service
113
Conditions which may be attached to radio multiplex licences
114
Additional payments to be made in respect of national radio multiplex licences
115
Multiplex revenue
116
Attribution of radio multiplex revenue
117
Duration and renewal of radio multiplex licences
118
Enforcement of radio multiplex licences
119
Digital sound programme licensing
120
Conditions of digital sound programme licences
121
Enforcement of digital sound programme licences
122
Digital additional sound services
123
Conditions of digital additional sound service
124
Enforcement of digital additional sound services licences
125
Review of digital radio broadcasting
126
Interpretation
127
Listed events
128
In sections 101, 101B, 102 and 103 of the 1996...
129
(1) Section 104 of the 1996 Act (code of guidance)...
130
In section 104A of the 1996 Act (provision of information...
131
In section 105(1) of the 1996 Act (interpretation of Part...
132
Broadcasting standards
133
In section 107(5)(b) of the 1996 Act (code relating to...
134
In section 115 of the 1996 Act (consideration of fairness...
135
In section 117 of the 1996 Act (duty of broadcasting...
136
(1) For subsections (1) and (2) of section 119 of...
137
In section 130(1) of the 1996 Act (interpretation of Part...
138
Disqualification on grounds related to political objects
139
Offence of providing false information
140
Disqualification for supplying false information
141
Interpretation
142
Computation of qualifying revenue
SCHEDULE 16
Further amendments in connection with media mergers
1
Competition Act 1980 (c. 21)
2
Gas Act 1986 (c. 44)
3
Electricity Act 1989 (c. 29)
4
Railways Act 1993 (c. 43)
5
Financial Services and Markets Act 2000 (c. 8)
6
Postal Services Act 2000 (c. 26)
7
Transport Act 2000 (c. 38)
8
Enterprise Act 2002 (c. 40)
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...
23
(1) Section 121 of that Act (fees) shall be amended...
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...
SCHEDULE 17
Minor and Consequential Amendments
1
Interpretation
2
Official Secrets Act 1911
3
Law of Property Act 1925
4
Public Health Act 1925
5
London Overground Wires, etc Act 1933
6
Wireless Telegraphy Act 1949
7
In section 1C of that Act (prohibition on Acts facilitating...
8
(1) Section 1D of that Act (procedure for grant of...
9
(1) Section 3 of that Act (regulations as to wireless...
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)...
15
(1) Section 15 of that Act (powers of entry) shall...
16
(1) Section 16 of that Act (regulations and orders) shall...
17
In section 19 of that Act (interpretation), after subsection (2)...
18
In Schedule 1 to that Act (procedures in relation to...
19
Coast Protection Act 1949
20
National Parks and Access to the Countryside Act 1949
21
London County Council (General Powers) Act 1949
22
Local Government (Miscellaneous Provisions) Act 1953
23
Army Act 1955
24
Air Force Act 1955
25
Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955
26
Naval Discipline Act 1957
27
Opencast Coal Act 1958
28
Pipe-lines Act 1962
29
London County Council (General Powers) Act 1963
30
Harbours Act 1964
31
New Towns Act (Northern Ireland) 1965
32
Marine, &c., Broadcasting (Offences) Act 1967
33
(1) Section 5 of that Act shall be further amended...
34
In section 6(5) of that Act (restrictions on prosecutions), after...
35
(1) Section 7A of that Act (powers of enforcement in...
36
In section 9(1) of that Act (interpretation), after the definition...
37
Wireless Telegraphy Act 1967
38
(1) Section 8 of that Act (provisions for securing enforcement...
39
In section 13(1) of that Act (regulations and order to...
40
Countryside Act 1968
41
Greater London Council (General Powers) Act 1969
42
Harbours Act (Northern Ireland) 1970
43
Thames Barrier and Flood Prevention Act 1972
44
Fair Trading Act 1973
45
Drainage (Northern Ireland) Order 1973
46
Water and Sewerage Services (Northern Ireland) Order 1973
47
Consumer Credit Act 1974
48
House of Commons Disqualification Act 1975
49
Northern Ireland Assembly Disqualification Act 1975
50
Welsh Development Agency Act 1975
51
Building Regulations (Northern Ireland) Order 1979
52
Local Government, Planning and Land Act 1980
53
Highways Act 1980
54
In section 115D of that Act (limits on powers to...
55
In section 142(5) of that Act (protection of telecommunications apparatus...
56
(1) This paragraph applies to the following provisions of that...
57
New Towns Act 1981
58
Acquisition of Land Act 1981
59
Housing (Northern Ireland) Order 1981
60
Civil Aviation Act 1982
61
Representation of the People Act 1983
62
(1) Section 93 of that Act (broadcasting of local items...
63
Telecommunications Act 1984
64
In sections 79, 83, 85 and 86 of that Act...
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...
71
(1) Section 98 of that Act (use of conduits for...
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...
75
In paragraph 18(2) of Schedule 2 to that Act (notices...
76
Cinemas Act 1985
77
Surrogacy Arrangements Act 1985
78
Bankruptcy (Scotland) Act 1985
79
Housing Act 1985
80
Airports Act 1986
81
Gas Act 1986
82
Insolvency Act 1986
83
Company Directors Disqualification Act 1986
84
Channel Tunnel Act 1987
85
In paragraph 3(2)(b) of Schedule 2 to that Act (supplementary...
86
(1) Part 10 of Schedule 7 to that Act (protection...
87
Consumer Protection (Northern Ireland) Order 1987
88
Income and Corporation Taxes Act 1988
89
Norfolk and Suffolk Broads Act 1988
90
Malicious Communications Act 1988
91
Copyright, Designs and Patents Act 1988
92
(1) Section 73 of that Act (no breach of copyright...
93
(1) Paragraph 17 of Schedule 2 to that Act (no...
94
Housing Act 1988
95
Road Traffic Act 1988
96
Water Act 1989
97
Road Traffic (Driver Licensing and Information Systems) Act 1989
98
Electricity Act 1989
99
(1) Schedule 4 to that Act (other powers etc. of...
100
Local Government and Housing Act 1989
101
Insolvency (Northern Ireland) Order 1989
102
Town and Country Planning Act 1990
103
(1) This paragraph applies to the following provisions of that...
104
In section 280 of that Act (measures of compensation)—
105
In paragraph 1(a) of Schedule 13 to that Act (blighted...
106
Planning (Listed Buildings and Conservation Areas) Act 1990
107
London Local Authorities (No. 2) Act 1990
108
New Roads and Street Works Act 1991
109
Coal Mining Subsidence Act 1991
110
Water Industry Act 1991
111
(1) Schedule 13 to that Act (protective provisions in respect...
112
(1) Schedule 15 to that Act (disclosure of information) shall...
113
Water Resources Act 1991
114
(1) Schedule 22 to that Act (general provisions protecting undertakings)...
115
(1) Schedule 24 to that Act (disclosure of information) shall...
116
Land Drainage Act 1991
117
Planning (Northern Ireland) Order 1991
118
Charities Act 1992
119
Carriage of Goods by Sea Act 1992
120
Electricity (Northern Ireland) Order 1992
121
In Article 61 (restrictions on disclosure of information)—
122
(1) Schedule 4 (other powers etc. of licence holders) shall...
123
Leasehold Reform, Housing and Urban Development Act 1993
124
Cardiff Bay Barrage Act 1993
125
In paragraph 3(2)(c) of Schedule 4 to that Act (exception...
126
In paragraph 21 of Schedule 7 to that Act (powers...
127
Railways Act 1993
128
Roads (Northern Ireland) Order 1993
129
Value Added Tax Act 1994
130
Criminal Justice and Public Order Act 1994
131
Airports (Northern Ireland) Order 1994
132
Merchant Shipping Act 1995
133
Criminal Procedure (Scotland) Act 1995
134
British Waterways Act 1995
135
Street Works (Northern Ireland) Order 1995
136
Housing Act 1996
137
Housing Grants, Construction and Regeneration Act 1996
138
Channel Tunnel Rail Link Act 1996
139
(1) Part 4 of Schedule 15 to that Act (protection...
140
Gas (Northern Ireland) Order 1996
141
In Article 44 (restrictions on disclosure of information)—
142
(1) Schedule 3 (other powers etc. of licence holders) shall...
143
Construction Contracts (Northern Ireland) Order 1997
144
Waste and Contaminated Land (Northern Ireland) Order 1997
145
Wireless Telegraphy Act 1998
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...
149
(1) After section 4 of that Act there shall be...
150
For section 6 of that Act there shall be substituted—...
151
(1) Section 8 of that Act (interpretation) shall be amended...
152
Finance Act 1998
153
Competition Act 1998
154
In paragraph 1 of Schedule 7A to that Act (procedural...
155
Regional Development Agencies Act 1998
156
Finance Act 1999
157
Greater London Authority Act 1999
158
Electronic Communications Act 2000
159
Television Licences (Disclosure of Information) Act 2000
160
Finance Act 2000M
161
Regulation of Investigatory Powers Act 2000
162
Postal Services Act 2000
163
Utilities Act 2000
164
Freedom of Information Act 2000
165
Countryside and Rights of Way Act 2000
166
Transport Act 2000
167
Political Parties, Elections and Referendums Act 2000
168
Vehicles (Crime) Act 2001
169
Criminal Justice and Police Act 2001
170
Electronic Communications Act (Northern Ireland) 2001
171
Office of Communications Act 2002
172
(1) The Schedule to that Act shall be amended as...
173
Tobacco Advertising and Promotion Act 2002
174
Enterprise Act 2002
175
Income Tax (Earnings and Pensions) Act 2003
SCHEDULE 18
Transitional Provisions
1
General
2
Steps taken in anticipation of passing or coming into force of Act
3
Savings for agreements referring to the termination of a 1984 Act licence
4
Saving for agreements with special provision for 1984 Act licence holders
5
General saving for agreements conditional on certain Broadcasting Act licences
6
Orders under Part 2 of the Deregulation and Contracting Out Act 1994
7
Pre-commencement proposals relating to universal service matters
8
Local loop notifications
9
Conditions relating to premium rate services and conditions corresponding to SMP or access-related conditions
10
Pre-commencement proposals relating to market power determinations
11
Savings for licence conditions relating to accounting
12
Charges under Telecommunications Act licences
13
Enforcement of breaches of licence conditions
14
Saving for agreements having effect by reference to licensing regime
15
Fees for approvals for the purposes of licence conditions
16
Allocated telephone numbers
17
Electronic communications code
18
Saving for guarantees of liabilities of telecommunications code operators
19
Compulsory purchase
20
Notices under section 1D of the Wireless Telegraphy Act 1949
21
Notices under regulations under section 3 of the Wireless Telegraphy Act 1998
22
Disputes about interconnection
23
Appeals against wireless telegraphy and telecommunications decisions
24
Section 94 of the Telecommunications Act 1984
25
Competition Commission: specialist panel members
26
Transitory amendments to telecommunications terms in Broadcasting Act 1990
27
Activities of the Welsh Authority
28
Gaelic Broadcasting
29
(1) The continuance in force of the Multiplex Licence (Broadcasting...
30
Pre-transfer Broadcasting Act licences
31
Channels 3 and 5
32
Saving pending replacement of licences for Channels 3 and 5 and the public teletext service
33
Digital additional licences
34
Programme quotas
35
Continuity in relation to appointed news provider
36
Networking arrangements
37
Determination of qualifying revenue
38
Rules for political broadcasts
39
Functions under section 88 of the 1990 Act
40
Notices under section 94 of the 1990 Act
41
Programme standards: television
42
Programme standards: radio
43
Standards code
44
Local and national radio licences
45
Section 111B of the 1990 Act
46
Section 185 of the 1990 Act
47
Section 28 of the 1996 Act
48
Section 48 of the 1996 Act
49
Applications for extension of pre-transfer licences
50
Applications for renewal of licences under 1990 Act and 1996 Act
51
Listed events rules
52
Complaints to the Broadcasting Standards Commission
53
Codes of practice drawn up by the Broadcasting Standards Commission
54
Media ownership provisions
55
TV licences
56
Functions under the Enterprise Act 2002
57
Functions under the Competition Act 1998
58
(1) Where any regulations made under section 54(4) of the...
59
Newspaper mergers
60
Chapter 2 of Part 5 and any related repeals shall...
61
References in paragraphs 59 and 60 to Chapter 2 of...
62
(1) The Secretary of State may, instead of any or...
63
Orders in Council under section 6 of the Continental Shelf Act 1964
64
Interpretation of Schedule
SCHEDULE 19
Repeals

Communications Act 2003
2003 Chapter 21
An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.
[17th July 2003]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—