Part 2

Networks, services and the radio spectrum
Chapter 3

Disputes and appeals

Disputes

Procedure for resolving disputes
188
1
This section applies where—
a
OFCOM have decided under section 186(2) that it is appropriate for them to handle a dispute; or
b
a dispute is referred back to OFCOM under section 186(6).
2
OFCOM must—
a
consider the dispute; and
b
make a determination for resolving it.
3
The procedure for the consideration and determination of the dispute is to be the procedure that OFCOM consider appropriate.
4
In the case of a dispute referred back to OFCOM under section 186(6), that procedure may involve allowing the continuation of a procedure that has already been begun for resolving the dispute by alternative means.
5
Except in exceptional circumstances and subject to section 187(3), OFCOM must make their determination no more than four months after the following day—
a
in a case falling within subsection (1)(a), the day of the decision by OFCOM that it is appropriate for them to handle the dispute; and
b
in a case falling within subsection (1)(b), the day on which the dispute is referred back to them.
6
Where it is practicable for OFCOM to make their determination before the end of the four month period, they must make it as soon in that period as practicable.
7
OFCOM must—
a
send a copy of their determination, together with a full statement of their reasons for it, to every party to the dispute; and
b
publish so much of their determination as (having regard, in particular, to the need to preserve commercial confidentiality) they consider it appropriate to publish.
8
The publication of information under this section must be in such manner as OFCOM consider appropriate for bringing it to the attention, to the extent that they consider appropriate, of members of the public.