http://www.legislation.gov.uk/ukpga/2003/21/section/4/2012-07-01Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2012-07-01 Communications Act 2003specified provision(s)The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003art. 1(3)Communications Act 2003s. 368E(5)(d)(e)Digital Economy Act 2017s. 94(3)s. 118(6)Communications Act 2003s. 4(2)The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019Sch. 1 para. 3(2)reg. 1(2)Communications Act 2003s. 4(10)(a)The Electronic Communications (Amendment etc.) (EU Exit) Regulations 2019reg. 2reg. 1(2)Communications Act 2003s. 4(11)The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019Sch. 1 para. 3(10)reg. 1(2)Communications Act 2003Sch. 3A Pt. 4ZAProduct Security and Telecommunications Infrastructure Act 2022s. 67(1)s. 79(2)Communications Act 2003Sch. 3A para. 103(1)(ca)Product Security and Telecommunications Infrastructure Act 2022s. 70s. 79(2)Communications Act 2003Sch. 3A para. 119AProduct Security and Telecommunications Infrastructure Act 2022s. 72s. 79(2)Communications Act 2003s. 148A and cross-headingProduct Security and Telecommunications Infrastructure Act 2022s. 73(2)s. 79(2)Communications Act 2003s. 402(2A)(za)(zb)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 2s. 79(2)Communications Act 2003Sch. 3A para. 21(6)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(5)(b)s. 79(2)Communications Act 2003Sch. 3A para. 37(3)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(9)s. 79(2)Communications Act 2003Sch. 3A para. 84(1)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(10)s. 79(2)Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004art. 2 Part 141This section applies to the following functions of OFCOM—atheir functions under Chapter 1 of Part 2;btheir functions under the enactments relating to the management of the radio spectrum;ctheir functions under Chapter 3 of Part 2 in relation to disputes referred to them under section 185;dtheir functions under sections 24 and 25 so far as they relate to information required for purposes connected with matters in relation to which functions specified in this subsection are conferred on OFCOM; andetheir functions under section 26 so far as they are carried out for the purpose of making information available to persons mentioned in subsection (2)(a) to (c) of that section.2It shall be the duty of OFCOM, in carrying out any of those functions, to act in accordance with the six Community requirements (which give effect, amongst other things, to the requirements of Article 8 of the Framework Directive and are to be read accordingly).3The first Community requirement is a requirement to promote competition—ain relation to the provision of electronic communications networks and electronic communications services;bin relation to the provision and making available of services and facilities that are provided or made available in association with the provision of electronic communications networks or electronic communications services; andcin relation to the supply of directories capable of being used in connection with the use of electronic communications networks or electronic communications services.4The second Community requirement is a requirement to secure that OFCOM’s activities contribute to the development of the European internal market.5The third Community requirement is a requirement to promote the interests of all persons who are citizens of the European Union (within the meaning of Article 17 of the Treaty establishing the European Community).6The fourth Community requirement is a requirement to take account of the desirability of OFCOM’s carrying out their functions in a manner which, so far as practicable, does not favour—aone form of electronic communications network, electronic communications service or associated facility; orbone means of providing or making available such a network, service or facility,over another.6AThe fourth Community requirement does not apply to—athe imposition, in relation to a wireless telegraphy licence, of a limitation of a kind falling within section 9ZA(1) of the Wireless Telegraphy Act 2006; orbthe review, variation or removal of such a limitation.7The fifth Community requirement is a requirement to encourage, to such extent as OFCOM consider appropriate for the purpose mentioned in subsection (8), the provision of network access and service interoperability.8That purpose is the purpose of securing—aefficiency and sustainable competition ...; ...aaefficient investment and innovation; andbthe maximum benefit for the persons who are customers of communications providers and of persons who make associated facilities available.9The sixth Community requirement is a requirement to encourage such compliance with the standards mentioned in subsection (10) as is necessary for—afacilitating service interoperability; andbsecuring freedom of choice for the customers of communications providers.10Those standards are—astandards or specifications from time to time drawn up and published in accordance with Article 17 of the Framework Directive;bthe standards and specifications from time to time adopted by—ithe European Committee for Standardisation;iithe European Committee for Electrotechnical Standardisation; and iiithe European Telecommunications Standards Institute; andcthe international standards and recommendations from time to time adopted by—ithe International Telecommunication Union;iithe International Organisation for Standardisation; ...iiathe European Conference of Postal and Telecommunications Administrations; andiiithe International Electrotechnical Committee.11Where it appears to OFCOM that any of European Community requirements conflict with each other, they must secure that the conflict is resolved in the manner they think best in the circumstances.12In this section—...“network access” and “service interoperability” each has the same meaning as in Chapter 1 of Part 2.13In this section and sections 4A and 5, “the Framework Directive” has the same meaning as in Chapter 1 of Part 2.S. 4 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. 4 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)Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))S. 4(6A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 5(a) (with Sch. 3 para. 2)S. 4(13) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 5(e) (with Sch. 3 para. 2)Word in s. 4(8) 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. 5(b)(ii) (with Sch. 3 para. 2)S. 4(8)(aa) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 5(b)(ii) (with Sch. 3 para. 2)Words in s. 4(8)(a) 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. 5(b)(i) (with Sch. 3 para. 2)Words in s. 4(8)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 5(b)(iii) (with Sch. 3 para. 2)Word in s. 4(10)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 5(c)(i) (with Sch. 3 para. 2)Word in s. 4(10)(c)(ii) 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. 5(c)(ii) (with Sch. 3 para. 2)S. 4(10)(c)(iia) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 5(c)(ii) (with Sch. 3 para. 2)Words in s. 4(12) 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. 5(d) (with Sch. 3 para. 2)