Section 185: Reference of disputes to OFCOM, Communications Act 2003

This section applies in the case of a dispute relating to the provision of network access if it is—

a dispute between different communications providers;

a dispute between a communications provider and a person who makes associated facilities available;

a dispute between different persons making such facilities available;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This section also applies in the case of a dispute relating to the provision of network access if—

it is a dispute between a communications provider and a person who is identified, or is a member of a class identified, in a condition imposed on the communications provider under section 45; and

the dispute relates to entitlements to network access that the communications provider is required to provide to that person by or under that condition.

This section also applies in the case of any other dispute if—

it relates to rights or obligations conferred or imposed by or under a condition set under section 45, or any of the enactments relating to the management of the radio spectrum ;

it is a dispute between different communications providers; and

it is not an excluded dispute.

Any one or more of the parties to the dispute may refer it to OFCOM.

A reference made under this section is to be made in such manner as OFCOM may require.

The way in which a requirement under subsection (4)—

is to be imposed, or

may be withdrawn or modified,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.

Requirements imposed under subsection (4) may make different provision for different cases.

A dispute is an excluded dispute for the purposes of subsection (2) if it is about—

obligations imposed on a communications provider by SMP apparatus conditions;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this section—

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

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.

Section 185: Reference of disputes to OFCOM

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