This table identifies which sections of the Communications Act implement which Articles of the four Directives set out below.
References in this table to:-
=
Framework Directive;
=
Authorisation Directive;
=
Access Directive; and
=
Universal Service Directive.
| Section | Article(s) implemented |
|---|---|
| Part 1 – Functions of OFCOM | |
| Section 4 – Duties for the purpose of fulfilling Community obligations | Article 7(1) and (2) of FD |
| Article 8 of FD | |
| Articles 17(2) & 18 of FD | |
| Article 20(3) of FD | |
| Article 5(1) of AcD | |
| Article 7(3) of AuD | |
| Section 16 – Consumer consultation | Article 33(1) of USD |
| Section 24 – Provision of information to the Secretary of State | Article 25 of FD |
| Article 16 of AuD | |
| Articles 15(2) and 17 of AcD | |
| Article 36(3) of USD | |
| Section 25 – Community requirement to provide information | Article 5(2) of FD |
| Article 15 of AcD | |
| Section 26 – Publication of information and advice for consumers etc. | Article 5(4) and (5) of FD |
| Article 15(1) of AuD | |
| Articles 11(2) & 15(1) of AcD | |
| Article 21(2) of USD | |
| Part 2 – Networks, Services and the Radio Spectrum | |
| Chapter 1 – Electronic communications networks and services | |
| Section 32 – Meaning of electronic communications networks and services | |
| ss.(1) | Article 2(a) of FD |
| ss.(2) | Article 2(c) of FD |
| ss.(3) | Article 2(e) of FD |
| ss.(4)(a) | Article 2(m) of FD |
| ss.(7) | Article 2(c) of FD |
| Section 33 – Advance notification to OFCOM | Articles 3(2) and (3) and 6(1) of AuD |
| Condition 10 of Part A of Annex to AuD | |
| Section 34 – Designations and requirements for the purposes of s.33 | Article 6(1) of AuD |
| Section 35 – Notification of contraventions of s. 33 | Article 10(2) of AuD |
| Section 36 – Enforcement notification for contravention of s. 33 | Article 10(2) & (3) of AuD |
| Section 37 – Penalties for contravention of s. 33 | Article 10(2) & (3) of AuD |
| Sections 38 & 39 – Fixing of charges | Articles 6(1), 12 and 13 of AuD |
| Condition 2 of Part A of Annex to AuD | |
| Section 40 – Notification of non-payment of charges | Article 10(2) of AuD |
| Section 41 – Penalties for non-payment of charges | Article 10(2) & (3) of AuD |
| Sections 42 & 43 – Suspending service provision for non-payment and enforcement of directions | Article 10(2) & (5) of AuD |
| Section 44 – Duty of OFCOM to keep publicly accessible register | Article 3(3) of AuD |
| Section 45 – Power of OFCOM to set conditions | |
| ss.(3) | Article 6(1) and Part A of the Annex to the AuD |
| Article 4(1) and 4(3) of AcD | |
| ss.(4) | Article 6(2) of AuD and Articles 3 to 7 and 9 to 11 of , and Part A of Annex I to, USD |
| ss.(5) | Article 6(2) of AuD and Articles 5(1) and (2) and 6 of AcD |
| ss.(6) | Article 13 of FD |
| ss.(7) and (8) | Article 6(2) of AuD and Articles 8 to 13 of AcD and Articles 17 to 19 of USD and Article 16(2) of FD |
| Section 46 – Persons to whom conditions may apply | |
| ss.(2) | Articles 2(a) and 6(1) of the AuD |
| ss.(3) | Article 6(2) of AuD |
| Article 13 of FD | |
| ss.(4) | Article 13 of FD |
| ss.(5) | Article 8 of USD and Article 6(2) of AuD |
| ss.(6) | Article 5(1)(a) of AcD and 6(2) of AuD |
| ss.(7) | Article 16(4) of FD, Article 8(2) of AcD, Article 6(2) of AuD and Articles 17 to 19 of USD |
| ss.(8) | Article 8(2) of AcD, Article 16(4) of FD and Articles 17 to 19 of USD |
| Section 47 – Test for setting or modifying conditions | Articles 6(1) and 14 (1) of AuD |
| Articles 5(3) and 8(4) of AcD | |
| Articles 3(2), 9(5) and 17(2) of USD | |
| Section 48 – Procedure for setting, modifying and revoking conditions | Article 6 of FD Article 14(1) of AuD, Article 33 of USD and Articles 5(3), (6) and 8(4) of AcD |
| ss.(1) & (6) | Article 15(1) AcD |
| ss.(3) | Article 6(3) of AcD |
| ss.(5) | Article 7(5) of FD |
| Section 49 – Directions and approvals for the purposes of a s.45 condition | Article 6 and 7 of FD |
| Section 50 – Delivery of copies of notifications etc. | |
| ss.(2) to (6) | Article 15(2) of AcD |
| ss.(2) | Articles 8(5) and 16(2) of AcD and 36(2) of USD |
| ss.(3) | Article 7(3) of FD |
| Section 51 – Matters to which general conditions may relate | Article 6(1) of, and Part A of the Annex to, AuD |
| ss. (1)(a) | Condition 8 of Part A of the Annex to the AuD and Articles 20-22, 25, 26 & 29 , Part B of Annex I, Annex II and Annex III of the USD |
| ss. (1)(b) and ss.(4) | Article 4(2) of, and conditions 3 and 14 of Part A of the Annex to, the AuD and Articles 4(1) and 4(3) of AcD |
| ss. (1)(c) and ss.(5) | Condition 15 of Part A of the Annex to the AuD and Article 23 of USD |
| ss. (1)(d) | Condition 1 of Part A of the Annex to the AuD and Article 13(4) of USD |
| ss. (1)(e) | Condition 12 of Part A of the Annex to the AuD and Article 23 of USD |
| ss. (1)(f) | Condition 13 of Part A of the Annex to the AuD |
| ss. (1)(g) | Condition 18 of Part A of the Annex to the AuD and Article 17(2) of FD |
| ss.(2) | Article 2 of USD – definition of “publicly available telephone service” |
| ss.(3) | Article 2(a) of AuD |
| Sections 52 to 55 – General conditions: customer interests | Article 34 of USD and Part A of Annex to AuD |
| Article 6(1) of, and condition 8 of Part A of the Annex to, the AuD | |
| Section 56 - The National Telephone Numbering Plan. | Article 10(3) of FD and Article 27 of USD |
| Section 57 – Conditions to secure access to telephone numbers | Article 6(1) of, and condition 4 of Part A of the Annex to, the AuD, Article 27 & 28 of USD and Article 10(1) of FD |
| Section 58 – Conditions about allocation and adoption of numbers | Article 10(1) of the FD, Articles 5(2) and 6(1) of the AuD |
| ss. (1) and (2) | Article 13 of and, conditions 1, 2, 3, 6, 7, 8 & 9 of Part C of the Annex to, the AuD and Article 30 of USD |
| ss. (1) and (3) | Condition 4 of Part C of the Annex to AuD |
| ss (3) | Article 25(2) of USD |
| ss. (4) | Articles 5(3) and (4) of AuD |
| ss. (5) and (6) | Article 13 of AuD |
| Section 60 – Modification of documents referred to in numbering conditions | Article 14(1) of the AuD |
| Section 61(3) - Withdrawal of telephone number allocations | Article 10(2) and 10(5) of the AuD |
| Section 63 - General duty as to telephone numbering functions | Article 10(2) of FD and condition 2 of Part C of the Annex to the AuD |
| Section 64 – Must-carry obligations | Article 6(1) of, and condition 6 of Part A of the Annex to, the AuD and Article 31 of the USD |
| Section 65 – Obligations to be secured by universal service conditions | Articles 3 to 7 and 9 to 11 of and Part A of Annex I to USD, and Article 2(j) of FD |
| Section 66 – Designation of universal service providers | Article 8 of USD and Article 4(2) of AuD |
| ss. (8) | Article 36(1) of USD |
| Section 67 – Subject-matter of universal service conditions | Article 6(2) of AuD and Part A of Annex I to USD |
| ss. (1) | Articles 3 to 7 and 9 to 11 of USD |
| ss. (3) to (9) | Article 11 and Annex III of USD |
| Section 68 – Tariffs etc. for universal services | |
| ss. (1) and (2) | Article 9 of USD |
| ss. (3) and (4) | Article 10 of USD |
| Section 69 – Directories and directory enquiry facilities | Article 5(3) of USD |
| Section 70 – Review of compliance costs | Article 12 of USD and Annex IV of USD |
| Section 71 – Sharing of burden of universal service obligations | Article 13 of USD |
| Section 72 – Report on sharing mechanism | Article 14(2) of USD |
| Section 73 – Permitted subject-matter of access-related conditions | Article 6(2) of AuD |
| ss. (2) | Article 5(1) of and Part II of Annex I to AcD |
| ss. (3) | Article 12(2) of FD |
| ss. (4) | Article 5(2) of AcD |
| ss. (5) | Article 6 of and Part I of Annex I to AcD |
| Section 74 – Specific types of access-related conditions | |
| ss. (1) | Article 5(1)(a) of AcD |
| ss. (2) | Article 5(1)(b) of, and Part II of Annex I to, AcD and Article 18 of FD |
| ss. (3) and (4) -Definition of application programme interface | Article 2(p) of FD |
| Section 75 – Conditional access systems and access to digital services | |
| ss. (1) | Article 5(2) of AcD and Articles 17(2) of FD |
| ss. (2) | Article 6 of and Part 1 of Annex I to AcD |
| ss. (3) | |
| Definition of conditional access system | Article 2(f) of FD |
| Section 76 – Modification and revocation of conditions imposed under s.75 | Article 6(3) of AcD |
| Section 77 – Imposition of privileged supplier conditions | Article 13 of FD |
| Section 78 – Circumstances required for the setting of SMP conditions | Article 14 of and Annex II to FD |
| Section 79 – Market power determinations | Articles 15 and 16 of FD |
| Section 80 – Proposals for identifying markets and for market power determinations | Articles 6, 7 and 16(1) of FD |
| Section 81 – Delivery of copies of notifications under ss.79 and 80 | |
| ss.(2 | Article 16(2) of AcD and Article 36(2) of USD and Article 7(5) of FD |
| ss.(3) | Article 7(3) of FD |
| Section 82 – European Commission’s powers in respect of proposals | Article 7(4) of FD |
| Section 83 – Special rules for transnational markets | Articles 2(b), 15(4) and 16(5) of FD |
| Section 84 – Review of services market identifications and determinations | |
| ss. (2) and (3) | Article 16(1) of FD, 7(3) of AcD and 16(3) of USD |
| ss. (4) | Article 16(3) of FD and Article 18(2) of USD |
| Section 87 – Conditions about network access etc. | Article 16(4) of FD |
| Article 6(2) of AuD | |
| ss.(1) and (2) | Article 8 of AcD |
| ss (3) and (5) | Article 12(1) of AcD |
| ss. (4) | Article 12(2) of AcD |
| ss. (6)(a) | Article 10 of AcD |
| ss.(6)(b) | Article 9(1) and 9(4) and Annex II of AcD |
| ss.(6)(c), (d) and (e) | Article 9(2) and 9(4) and Annex II of AcD |
| ss. (7) and (8) | Article 11 of AcD |
| ss. (9), (10) and (11) | Article 13 of AcD |
| Section 88 – Conditions about network access pricing etc. | Articles 8 and 13 of AcD, Article 6(2) of AuD and Article 16(4) of FD |
| Section 89 – Conditions about network access in exceptional circumstances | Article 8 of AcD, Article 6(2) of AuD and Article 16(4) of FD |
| Section 90 – Conditions about carrier selection and pre-selection | Article 19 of USD, Article 6(2) of AuD and Article 16(4) of FD |
| Section 91 – Conditions about regulation of services etc. for end-users | Article 17 of USD, Article 6(2) of AuD and Article 16(4) of FD |
| Section 92 – Conditions about leased lines | Article 18 of and Annex VII to USD, Article 6(2) of AuD and Article 16(4) of FD |
| Section 94 – Notification of contravention of condition | Article 10(2) of AuD and Article 11(6) of USD |
| Section 95 – Enforcement notification for contravention of conditions | Article 10(3) of AuD and Article 11(6) of USD |
| Section 96 – Penalties for contravention of conditions | Article 10(3) of AuD and Article 11(6) of USD |
| Section 98– Power to deal with urgent cases | Article 10(6) of AuD and Article 11(6) of USD |
| Section 100 – Suspending service provision for contraventions of conditions | Article 10(5) of AuD and Article 11(6) of USD |
| Section 102 and 103 – Procedure and enforcement of Directions | Article 10(2) & (5) of AuD and Article 11(6) of USD |
| Section 105 – Consideration and determination of network access questions | Article 5(4) of AcD |
| Sections 106 to 109 and Schedule 3 – Electronic communications code | Articles 11 and 12(1) of FD and Articles 4(1) and 6(1) of, and condition 5 of Part A of the Annex to, the AuD |
| Sections 106, 107, 109 and 115 – Application, modification and revocation of electronic communications code | Article 6 of FD and Article 14(1) of AuD |
| Section 110 – Enforcement of restrictions and conditions | Article 10(2) of AuD |
| Section 111 – Enforcement notification for contravention of code restrictions | Article 10(2) & (3) of AuD |
| Section 112 – Penalties for contravention of code restrictions | Article 10(2) & (3) of AuD |
| Section 113 – Suspension of application of code | Articles 10(2), (5) and 14(2) of AuD |
| Section 114 – Procedure for directions under s.113 | Article 10(2) of AuD |
| Sections 132 & 133 – Powers to deal with emergencies | These provisions are permitted by Article 3 AuD |
| Sections – 135 to 137 – Information provisions | Article 5 of FD, Articles 6(1), 10(1) and 11 of, and condition 10 of Part A of the Annex to, the AuD, Article 11(2) of AcD and Articles 11, 21 and 22 of (in so far as those articles necessitate the provision of information) USD |
| Section 138 – Notification of contravention of information requirements | Article 10(2) of AuD |
| Section 139 – Penalties for contravention of information requirements | Article 10(2), (3) and (4) of AuD |
| Section 140 – Suspending service provision for information contraventions | Article 10(2) & (5) of AuD |
| Sections 142 & 143 – Procedure for and enforcement of directions under ss.140 and 141 | Article 10(2) & (5) of AuD |
| Section 144 – Offences in connection with information requirements | Article 10(2) & (3) of AuD |
| Section 146 – Provision of information by OFCOM | Article 9 of AuD |
| Section 151 – Interpretation of Chapter 1 | |
| ss.(1)Def of public electronic communications network | Article 2(d) of FD |
| Defs of FD, AcD and USD | Article 2(l) of FD |
| Def of end-user | Article 2(n) of FD |
| ss.(2) - interconnection | Article 2(b) of AcD |
| ss.(3) & (4) – network access | Article 2(a) of AcD |
| ss.(5) – regulatory authorities | Article 2(g) of FD |
| Chapter 2 – Spectrum Use | |
| Section 153 - United Kingdom Plan for Frequency Authorisation | Article 5(3) of AuD |
| Section 154 – Duties of OFCOM when carrying out spectrum functions | Article 9(1) of FD |
| Section 158 – Special duty in relation to television multiplexes | Condition 1 of Part B of the Annex to the AuD |
| Section 164 - Limitations on authorised spectrum use | Article 7 of AuD |
| Section 165 - Terms etc. of wireless telegraphy licences (new subsection (2C) inserted into WTA 1949 s. 1 only) | Article 6(4) of AuD |
| Section 166 - Exemption from need for wireless telegraphy licence | Article 5(1) of AuD |
| Section 168 - Spectrum trading | Article 9(3) and (4) of FD and Condition 5 of Part B of the Annex to AuD |
| Section 169 - Variation and revocation of wireless telegraphy licences | Article 10(2), (5) and (6) and 14(1) of AuD |
| Section 171 - Information requirements in relation to wireless telegraphy licences | Article 11(1)(e) and (2) of the AuD |
| Section 172 - Contraventions of conditions for use of wireless telegraphy | Article 10(2) of AuD |
| Section 173 – Meaning of “repeated contravention” in s.172 | Article 10(2) & (5) of AuD |
| Section 174 - Procedure for prosecutions of wireless telegraphy offences | Articles 10(2), (3) and (6) of AuD |
| Section 183 - Modification of definition of “undue interference” | Article 2(2)(b) of, and condition 3 of Part B of the Annex to the AuD |
| Chapter 3 – Disputes and Appeals | |
| Section 185 – Reference of disputes to OFCOM | Article 20(1) of FD |
| Section 186 – Action by OFCOM on dispute reference | Article 20(2) of FD |
| Section 187 – Legal proceedings . about referred disputes | Article 20(5) of FD |
| Section 188 – Procedure for resolving disputes | Article 20(1) and (4) of FD |
| Section 189 – Disputes involving other member States | Article 21 of FD |
| Section 191– OFCOM’s power to require information in connection with dispute | Articles 5 & 20(1) of FD |
| Sections 192 to 196 and Schedule 8 - Appeals | Articles 4 and 11(3) of FD and 10(7) of AuD |
| Sections 310 & 311 – Regulation of electronic programme guides | Permitted by Article 6(4) of AcD |
| Section 393 – General restrictions on disclosure of information | Article 3(5) of FD |
| Section 403 – Regulations and orders made by OFCOM | Articles 14(1) and Article 33 of USD and Article 6 of FD |
| Schedule 17 - Minor and consequential amendments | |
| Paragraph 8(6) | Article 5(3) & 7(4) of AuD |
| Paragraph 8(10) | Article 6(1) of AuD |
| Schedule 18 – Transitional Provisions | |
| Paragraph 7 | Article 8 of USD |
| Paragraphs 8 & 9 | Article 27 of FD |
| Paragraph 9 | Article 27 of FD, Article 7(1) of AcD and Article 16(1) of USD |
| Paragraph 10 | Article 16(2) of FD, Article 7(3) of AcD and Article 16(3) of USD |
| Paragraph 13 | Article 2(1) of FD |
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