The current legal regime governing the telecommunications sector in the United Kingdom (UK) comprises primarily of two laws:
- The Communication Act of 2003[1], and
- The Wireless Telegraphy Act of 2006[2]
Before the 2003 Act was enacted, the Director-General of Telecommunication (DGT) was established as the independent regulatory authority under the Telecommunication Act, 1984. However, the 2003 Act replaced the 1984 Act to give effect to the Framework Directive (2002/21/EC)[3], which resulted in the setting up of the Office of Communications (Ofcom) as a new regulator of communications under the 2003 Act. The Digital Economy Act, 2017 prescribes that Ofcom is to be entirely funded through industry fees.
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Ofcom is responsible for the regulation of all electronic communication networks and services and for licensing of broadcasting services as well as promoting fair competition across the industry, in collaboration with the Competition and Markets Authority (CMA), by enforcing the competition laws.
The main idea behind the new regime of the 2003 Act was to reduce the regulatory burden on the communications providers (referred to as providers hereafter)[4]. This approach was implemented employing general conditions and certain special conditions (if applicable), which the providers must comply with. General requirements apply to all providers, while special conditions apply to certain providers in certain situations. It is pertinent to note that there is no need for general authorization or licensing to provide electronic communications networks and services in the UK. Providers are merely required to comply with the General Conditions of Entitlement[5]. The general conditions were recently revised in 2018. Furthermore, Ofcom has the power to set specific requirements relating to universal service, access (network access and service interoperability), privileged operators (public communications providers) and significant market power (SMP- having dominance either alone or collectively with others in relevant markets). [6] Ofcom can impose financial and other penalties on failure to comply with specific conditions[7].
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Concerning radio and mobile communications in the UK, service and network providers must receive a license from Ofcom under the Wireless Telegraphy Act, 2006 (WTA). The permit contains details relating to the specific frequency, use, fees and duration of the license. Ofcom is also empowered under the WTA to prescribe ‘Administered Incentive Pricing’, which allows setting fees above the administrative costs to encourage efficient spectrum use.
After UK’s exit from the EU, certain amendments were required to be made to the existing laws. These changes were incorporated through various Regulations in 2019[8], and now, the UK is no longer necessary to comply with any EU Directive or Regulation of the telecommunications sector.
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[1] Communication Act, 2003.
[2] Wireless Telegraphy Act, 2006.
[3] To give effect to Directive 2002/21/EC, Directive 2002/20/EC, Directive 2002/ 19/EC and Directive 2002/22/EC.
[4] The general authorization regime under the Act does not distinguish between fixed, mobile and satellite networks and services.
[5] OFCOM, Original Notification setting general conditions under section 45 of the Communications Act
2003, Jul. 22, 2003, http://stakeholders.ofcom.org.uk/telecoms/ga-scheme/general-conditions/archive/.
[6] Supra note 57, § 45.
[7] Supra note 57, § 96A-104.
[8] Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 and the Broadcasting (Amendment) (EU Exit) Regulations 2019.