Section 135: Information required for purposes of certain OFCOM functions, Communications Act 2003

OFCOM may require a person falling within subsection (2) to provide them with all such information as they consider necessary for the purpose of carrying out their functions under—

section 14(1),

section 26, so far as relating to matters in relation to which they have functions under this Chapter, or

this Chapter.

The persons falling within this subsection are—

a communications provider;

a person who has been a communications provider;

a person who makes, or has made, any associated facilities available to others;

a person, other than a communications provider, to whom a universal service condition applies or has applied;

a person who supplies electronic communications apparatus;

a person not falling within the preceding paragraphs who appears to OFCOM to have information required by them for the purpose of carrying out their functions under this Chapter.

a person who provides or has provided a number-independent interpersonal communications service and appears to OFCOM to have information relevant to their functions under section 14(1).

The information that may be required by OFCOM under subsection (1) includes, in particular, information that they require for any one or more of the following purposes—

ascertaining whether a contravention of a condition or other requirement set or imposed by or under this Chapter has occurred or is occurring;

ascertaining or verifying the charges payable by a person under section 38;

ascertaining whether a provision of a condition set under section 45 which is for the time being in force continues to be effective for the purpose for which it was made;

ascertaining or verifying amounts payable by virtue of a condition falling within section 51(1)(d);

making a designation in accordance with regulations made under section 66;

carrying out a review under section 66 , 70 or 72A;

ascertaining whether a commitment which is made binding by a commitments decision continues to be effective for the purpose for which it was made binding under section 93A(8);

identifying markets and carrying out market analyses in accordance with, or for the purposes of, any provision of this Chapter;

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

considering a matter in exercise of that duty;

carrying out an assessment under section 105N;

preparing a report under section 105Z;

assessing the risk of a security compromise occurring in relation to a public electronic communications network or a public electronic communications service;

preparing a report under section 105Z12;

preparing a report under section 124F;

carrying out an assessment, taking steps or providing a report under section 124G;

preparing a report under section 134A;

preparing a report under section 134AA;

preparing a report under section 134C;

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

identifying electronic communications apparatus that is suitable for shared use;

statistical purposes connected with the carrying out of any of OFCOM's functions under this Chapter.

The descriptions of information that a person may be required to provide under subsection (1) include, in particular—

information concerning future developments of a public electronic communications network or public electronic communications service that could have an impact on the security of the network or service,

information concerning future developments of an electronic communications network or electronic communications service that could have an impact on the wholesale services made available by the person to competitors, and

if a market power determination made in relation to a wholesale market is in force in the person's case, accounting data relating to any retail market associated with the wholesale market.

In subsection (2)(g), "number-independent interpersonal communications service" means an interpersonal communications service, as defined by section 32A(2), other than—

a number-based interpersonal communications service; or

a service where the interpersonal and interactive communication is merely a minor ancillary feature that is intrinsically linked to another service.

OFCOM may require a person falling within subsection (2)—

to produce, generate or obtain security information for the purpose of providing it under subsection (1);

to collect or retain security information that the person would not otherwise collect or retain for the purpose of providing it under subsection (1);

to process, collate or analyse any information held by the person (including information the person has been required to collect or retain) for the purpose of producing or generating security information to be provided under subsection (1).

In subsection (3C) "security information" means information OFCOM consider necessary for the purpose of carrying out their functions under sections 105L to 105Z.

A person must comply with a requirement imposed under this section in such manner and within such reasonable period as may be specified by OFCOM.

The powers in this section are subject to the limitations in section 137.

Section 135: Information required for purposes of certain OFCOM functions

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