Information Gathering under Section 145 of the Communications Act 2003 andSection 13B of the Wireless Telegraphy Act 1949

Summary

1.1 This consultation seeks views on Ofcom's proposed general policy regarding its use of the statutory information gathering powers contained in sections 135 and 136 of the Communications Act 2003 ("the 2003 Act") and section 13A of the Wireless Telegraphy Act 1949 ("the 1949 Act"). Details of when responses to this consultation should be provided by and the next steps in the process can be found in Section 5 below.

1.2 The proposals set out in this document are intended to achieve two main goals. First, to fulfil Ofcom’s obligations under section 145 of the Communications Act and section 13B of the Wireless Telegraphy Act to prepare and publish a statement of general policy with respect to:

(a) the exercise of powers under sections 135 and 136 of the 2003 Act and section 13A of the 1949 Act; and

(b) the uses to which it proposes to put information obtained under those sections.

1.3 Second, to provide clarity to stakeholders as to how and when Ofcom will use its statutory powers to require the provision of information and when it will instead informally request that information be provided.

1.4 This document sets out Ofcom’' proposed general policy on the use of its statutory information gathering powers. Where appropriate, Ofcom reserves the right to deviate from this general policy. Where it does deviate from this general policy, Ofcom will set out its reasoning for doing so.

Proposed general policy

• Ofcom will seek all the information that it needs to investigate the potential breach of a condition of entitlement (based either on a complaint or "own initiative" investigation) using its statutory powers under sections 135 and 136 of the 2003 Act.
• In the case of other types of information which could be required under sections 135 and 136 of the 2003 Act or under section 13A of the 1949 Act, e.g. information to carry out a market review or information required in connection with exercising spectrum management functions, Ofcom will generally request information on an informal basis, without recourse to its statutory powers. However, Ofcom will consider using statutory powers if it believes it appropriate to do so.
• Any demand for information under statutory powers will be sent in the form of a notice to the person from whom the information is being requested. The notice will contain details of the information required, the reasons for requesting that information and the purpose that the information is required for. It will also set out the date by which the information must be provided.
• Where timescales allow and it is appropriate to do so, Ofcom will send a draft of the information notice to the person holding the relevant information for comment. Following receipt of comments Ofcom will then confirm or amend the information request. Ofcom would not normally agree to any subsequent changes to the final request, including the deadline to the final request.
• Information obtained under sections 135 and 136 of the Communications Act will be used in the exercise of Ofcom’s functions under Chapter 1 of Part 2 of that Act. Information obtained under section 13A of the Wireless Telegraphy Act will be used to inform and support the management of the radio spectrum.

The full consultation is available via the link at the top right of this page