Part 2

Networks, services and the radio spectrum
Chapter 3

Disputes and appeals

Disputes

OFCOM’s power to require information in connection with dispute
191
1
Where a dispute has been referred or referred back to OFCOM under this Chapter, they may require any person to whom subsection (2) applies to provide them with all such information as they may require for the purpose of—
a
deciding whether it is appropriate for them to handle the dispute;
b
determining whether it is necessary for them to consult the regulatory authorities of another member State; or
c
considering the dispute and making a determination for resolving it.
2
This subsection applies to—
a
a party to the dispute; and
b
a person who is not a party to the dispute but appears to OFCOM to have information that is relevant to the matters mentioned in subsection (1)(a) to (c).
3
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.
4
In fixing the period within which information is to be provided in accordance with a requirement under this section OFCOM must have regard, in particular, to—
a
their obligation to make a determination for resolving the dispute within the period specified in section 188;
b
the nature of the dispute; and
c
the information that is required.
5
Sections 138 to 144 apply for the enforcement of a requirement under this section as they apply for the enforcement of requirements under section 135 or 136.
6
In its application for the enforcement of this section, section 138 is to have effect as if it allowed OFCOM to specify such period of less than one month for doing the things mentioned in subsection (3) of that section as they consider appropriate for the purpose of enabling them to comply with an obligation of theirs to make a determination within a particular period.
S. 191 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))