Part 2

Networks, services and the radio spectrum
Chapter 3

Disputes and appeals

Disputes

Reference of disputes to OFCOM
185
1
This section applies in the case of a dispute relating to the provision of network access if it is—
a
a dispute between different communications providers;
b
a dispute between a communications provider and a person who makes associated facilities available;
c
a dispute between different persons making such facilities available;
d
a dispute relating to the subject-matter of a condition set under section 74(1) between a communications provider or person who makes associated facilities available and a person who (without being such a person) is a person to whom such a condition applies; or
e
a dispute relating to the subject-matter of such a condition between different persons each of whom (without being a communications provider or a person who makes associated facilities available) is a person to whom such a condition applies.
2
This section also applies in the case of any other dispute if—
a
it relates to rights or obligations conferred or imposed by or under this Part or any of the enactments relating to the management of the radio spectrum that are not contained in this Part;
b
it is a dispute between different communications providers; and
c
it is not an excluded dispute.
3
Any one or more of the parties to the dispute may refer it to OFCOM.
4
A reference made under this section is to be made in such manner as OFCOM may require.
5
The way in which a requirement under subsection (4)—
a
is to be imposed, or
b
may be withdrawn or modified,
is by a notice published in such manner as OFCOM consider appropriate for bringing the requirement, withdrawal or modification to the attention of the persons who, in their opinion, are likely to be affected by it.
6
Requirements imposed under subsection (4) may make different provision for different cases.
7
A dispute is an excluded dispute for the purposes of subsection (2) if it is about—
a
obligations imposed on a communications provider by SMP apparatus conditions;
b
contraventions of sections 125 to 127;
c
obligations imposed on a communications provider by or under any of sections 128 to 131; or
d
the operation in the case of a communications provider of section 134.
8
For the purposes of this section—
a
the disputes that relate to the provision of network access include disputes as to the terms or conditions on which it is or may be provided in a particular case; and
b
the disputes that relate to an obligation include disputes as to the terms or conditions on which any transaction is to be entered into for the purpose of complying with that obligation.
S. 185 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))