Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Information required for purposes of Chapter 1 functions
135
1
OFCOM may require a person falling within subsection (2) to provide them with all such information as they consider necessary for the purpose of carrying out their functions under this Chapter.
2
The persons falling within this subsection are—
a
a communications provider;
b
a person who has been a communications provider;
c
a person who makes, or has made, any associated facilities available to others;
d
a person, other than a communications provider, to whom a universal service condition applies or has applied;
e
a person who supplies electronic communications apparatus;
f
a person not falling within the preceding paragraphs who appears to OFCOM to have information required by them for the purpose of carrying out their functions under this Chapter.
3
The information that may be required by OFCOM under subsection (1) includes, in particular, information that they require for any one or more of the following purposes—
a
ascertaining whether a contravention of a condition or other requirement set or imposed by or under this Chapter has occurred or is occurring;
b
ascertaining or verifying the charges payable by a person under section 38;
c
ascertaining whether a provision of a condition set under section 45 which is for the time being in force continues to be effective for the purpose for which it was made;
d
ascertaining or verifying amounts payable by virtue of a condition falling within section 51(1)(d);
e
making a designation in accordance with regulations made under section 66;
f
carrying out a review under section 66 or 70;
g
identifying markets and carrying out market analyses in accordance with, or for the purposes of, any provision of this Chapter;
h
ascertaining whether a question has arisen that gives rise to their duty under section 105;
i
considering a matter in exercise of that duty;
j
statistical purposes connected with the carrying out of any of OFCOM’s functions under this Chapter.
4
A person required to provide information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM.
5
The powers in this section are subject to the limitations in section 137.
S. 135 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 135 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)