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Section 188: Procedure for resolving disputes

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—

OFCOM have decided under section 186(2) that it is appropriate for them to handle a dispute; or
a dispute is referred back to OFCOM under section 186(6).

OFCOM must—

consider the dispute; and
make a determination for resolving it.

The procedure for the consideration and determination of the dispute is to be the procedure that OFCOM consider appropriate.

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.

Except in exceptional circumstances and subject to section 187(3), OFCOM must make their determination no more than four months after the following day—

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
in a case falling within subsection (1)(b), the day on which the dispute is referred back to them.

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.

OFCOM must—

send a copy of their determination, together with a full statement of their reasons for it, to every party to the dispute; and
publish so much of their determination as (having regard, in particular, to the need to preserve commercial confidentiality) they consider it appropriate to publish.

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.

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.