Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Information required for purposes of certain OFCOM 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—
a
section 14(1),
b
section 26, so far as relating to matters in relation to which they have functions under this Chapter, or
c
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
, 70 or 72A
;
g
identifying markets and carrying out market analyses in accordance with, or for the purposes of, any provision of this Chapter;
h. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
considering a matter in exercise of that duty;
ia
preparing a report under section 124F;
ib
carrying out an assessment, taking steps or providing a report under section 124G;
ic
preparing a report under section 134A;
ica
preparing a report under section 134AA;
id
preparing a report under section 134C;
ie
assessing the security of a public electronic communications network or a public electronic communications service;
if
assessing the availability of a public electronic communications network;
ig
identifying electronic communications apparatus that is suitable for shared use;
j
statistical purposes connected with the carrying out of any of
OFCOM
’s functions under this Chapter.
3A
The descriptions of information that a person may be required to provide under subsection (1) include, in particular—
a
information concerning future developments of an electronic communications network or electronic communications service that could have an impact on the wholesale services made available by the person to competitors, and
b
if a market power determination made in relation to a wholesale market is in force in the person’s case, accounting data relating to any retail market associated with the wholesale market.
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)
S. 135(3)(ia)(ib) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 16(2), 47(1)
S. 135(3)(ic)(id) inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 1(2), 47(1)
S. 135(3)(h) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 79(a)(i) (with Sch. 3 para. 2)
S. 135(3)(ie)-(ig) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 79(a)(ii) (with Sch. 3 para. 2)
S. 135(3A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 79(b) (with Sch. 3 para. 2)
Words in s. 135 heading substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 85(3), 118(2)
S. 135(3)(ica) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 82(4), 118(2)
Words in s. 135(3)(f) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 1(8), 118(2)
S. 135(1) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 85(2), 118(2)