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Section 186: Action by OFCOM on dispute reference

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 2: Networks, services and the radio spectrum — Chapter 3: Disputes and appeals

This section applies where a dispute is referred to OFCOM under and in accordance with section 185.

OFCOM must decide whether or not it is appropriate for them to handle the dispute.

In relation to a dispute falling within subsection 185(1), OFCOM may in particular take into account their priorities and available resources in considering whether it is appropriate for them to handle the dispute.

In relation to a dispute falling within section 185(1A) or (2), Unless they consider—

that there are alternative means available for resolving the dispute,
that a resolution of the dispute by those means would be consistent with the six requirements set out in section 4, and
that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used for resolving it,

their decision must be a decision that it is appropriate for them to handle the dispute.

As soon as reasonably practicable after OFCOM have decided—

that it is appropriate for them to handle the dispute, or
that it is not,

they must inform each of the parties to the dispute of their decision and of their reasons for it.

The notification must state the date of the decision.

In relation to a dispute falling within section 185(1A) or (2), Where—

OFCOM decide that it is not appropriate for them to handle the dispute, but
the dispute is not resolved by other means before the end of the four months after the day of OFCOM's decision,

the dispute may be referred back to OFCOM by one or more of the parties to the dispute.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.