Communications Act 2003
What this means for your business
- Enforced by
- Ofcom
- Applies to
- United Kingdom
- On this page
- 84 compliance obligations, 7 practical guides across 2 topics
What you must do
84 compliance obligations under this legislation — 4 can result in imprisonment.
Management duties 39
Arrange to carry designated internet programme services
If you operate a regulated television selection service, you must make agreements with each designated internet programme service so that their channels are included in your offering, and you must keep those agreements in force. You also need to act in line with the agreed objectives when setting up and maintaining those arrangements.
Avoid anti‑competitive arrangements and practices
If your business holds a licence for a broadcast or connected service, you must make sure you do not enter into agreements or carry out practices that could harm competition. You also have to follow any competition code or directions that OFCOM issues to you. In practice this means putting checks in place and keeping records to show you are complying.
Broadcast required government announcements
If you hold a Broadcasting Act licence, you must obey any direction from OFCOM to include a government‑specified announcement in your service. The direction will tell you what the announcement says, when it must be aired and, for emergency messages, that it must be accessible to people with disabilities. You can also be told to stop broadcasting certain material if a direction is issued.
Comply with OFCOM directions on security compromises
If OFCOM tells you, as a provider of a public electronic communications network or service, that a security breach or risk must be reported, you must follow their direction. This means informing the Secretary of State, customers and any other parties specified, and taking any remedial steps within the time‑frame set by OFCOM.
Comply with OFCOM enforcement notification to stop misuse
If OFCOM decides you have repeatedly misused an electronic communications network or service and sends you an enforcement notification, you must do everything the notice requires to halt the misuse, prevent it happening again, and fix any damage caused. You must complete these steps within the reasonable time‑frame set by OFCOM, or OFCOM can take civil action against you.
Comply with OFCOM notice to remedy licence breaches
If OFCOM tells you that you are breaking a condition of your television licence, you must fix the problem as set out in their notice and within the time‑frame they give you. If you do not remedy the breach, OFCOM can revoke your licence, which would stop you from providing the service.
Comply with OFCOM suspension or restriction directions
If OFCOM issues you a direction to suspend or restrict any of your electronic communications networks, services or associated facilities, you must follow it. This may mean stopping or limiting the specified service, paying any compensation that OFCOM requires, and giving OFCOM a chance to comment on the impact and propose remedies. Failure to comply can lead to enforcement action.
Comply with OFCOM telephone‑number conditions
If your business is not a communications provider but you apply for, are allocated, or use a telephone number, you must follow any conditions OFCOM sets on how that number is allocated, transferred or used. Failure to comply can lead to civil action by OFCOM.
Comply with Tier 1 accessibility code for communications services
If your business provides a Tier 1 communications service (for example, a major telephone, broadband or video‑calling service), you must meet the accessibility standards set out in the Tier 1 code. This means making sure the service can be used by people with disabilities and following all the technical and procedural requirements that apply to your service.
Consult OFCOM before making significant programme changes
If your business runs a licensed public‑service TV or radio channel and you want to change its programme policy in a way that would materially alter the service, you must first consult OFCOM and take its advice into account. If OFCOM says the change breaches your licence conditions, you must revise the policy as directed and only publish it after OFCOM has approved the revision.
Create and maintain complaint and dispute handling procedures for your telecom service
If you run a public communications business, you must set up clear, free‑to‑use procedures so customers can complain or raise disputes about contract terms, service performance or number porting. Those procedures should be easy to access, fair, transparent and accepted by OFCOM, and you must give customers information about service standards and their rights.
Enable customers to set and manage billing limits
If you provide mobile phone services, you must let customers set a maximum amount they’ll be charged each billing period and let them change or remove that limit at any time. You also have to warn them when they’re close to reaching the limit and get their agreement before any excess charges are applied, and you must confirm all decisions in writing.
Enable customers to set billing limits on mobile phone plans
Fine up to £2,000,000If you run a mobile phone business, you must give customers an easy way to put limits on their monthly bills. This means having systems that let users set a cap on recurring charges and see that cap applied. Failing to do so can lead to fines up to £2 million.
Ensure a public teletext service is provided under your licence
If you hold a broadcasting licence that requires a teletxt service, you must make sure that a public teletext service is actually supplied on the spectrum you use. This means arranging for a teletext feed, ensuring it’s live and accessible to viewers, and keeping the regulator informed that the service is running.
Ensure your broadcast service complies with OFCOM's code
If your business provides a broadcast service that is covered by a Broadcasting Act licence, you must make sure the OFCOM code (set under section 303) is followed when you deliver that service. In practice this means putting policies, procedures and monitoring in place so you can show the service meets the conditions OFCOM requires.
Ensure your broadcast service complies with OFCOM's fairness code
If you run a TV or radio channel that holds a Broadcasting Act licence, you must make sure the service and all programmes follow the current OFCOM fairness code. This means checking content for fairness, handling complaints and keeping records to show you are meeting the code at all times.
Establish and maintain complaints handling procedures for internet radio services
If you run a designated radio selection service, you must have a clear process in place to receive, deal with and resolve complaints from internet radio service providers who say you haven’t met your statutory duties. This means setting up a written procedure, logging complaints and showing how you resolve them.
Follow OFCOM code of practice for radio selection services
If your business provides a designated radio selection service, you must carry out the actions set out in OFCOM’s code of practice. Doing so shows you are complying with the duties in the Communications Act and protects you from enforcement action.
Follow the OFCOM code of practice for regulated TV services
If your business provides a regulated television selection service, you must carry out the steps set out in OFCOM’s code of practice to be treated as complying with your statutory duty. Not following the code won’t automatically trigger a court case, but the code will still be considered by courts and OFCOM when any dispute arises.
Maintain 30% European works quota for on‑demand catalogue
If you run an on‑demand video service, you must make sure that, on average, at least 30% of the programmes you offer each year are European works and that these European programmes are given prominent visibility in your catalogue. You may claim an exemption if your service is very small or its theme makes the quota impracticable, but otherwise you need to monitor and report the share of European content.
Maintain complaint procedures and follow OFCOM directions on ads, sponsorship and product placement
Unlimited fineIf your business holds a broadcast licence, you must have a system for receiving and resolving complaints about programme standards, and you must obey any OFCOM instructions to exclude or change specific advertisements, sponsorship or product placement. This means keeping a complaints handling process in place and being prepared to remove or alter ads when OFCOM tells you to.
Make your TV service accessible to people with disabilities
If you run a television broadcast service (e.g. a public service channel, digital TV or restricted service) you must create and keep an accessibility action plan, tell OFCOM about it and report each year on how accessible your service is. From the fifth year of broadcasting you must meet minimum subtitling targets, and from the tenth year you must meet higher subtitling, audio‑description and sign‑language targets.
Observe the Tier 1 standards code for your on‑demand service
If your business provides a Tier 1 on‑demand programme service, you must follow the Tier 1 standards code published under the Communications Act. This only kicks in once the 12‑month grace period has ended (the later of when the service became Tier 1 or when the first code was published). From that point you must ensure the service complies with the code.
Obtain OFCOM consent and follow land‑acquisition rules for network expansion
If your business is a telecom/network operator and you need to buy land or enter land to build or run your electronic communications network, you must first get OFCOM’s written consent. You also have to give 28 days’ notice before any entry, avoid damaging the land and, if damage or disturbance occurs, pay compensation. You cannot sell or otherwise dispose of the land without OFCOM’s approval.
Prepare and publish annual programme policy statements
If you run a licensed public‑service TV or radio channel, you must produce a written programme‑policy statement each year. The statement must set out how you will meet the public‑service remit and all statutory duties, show any use of multiple services, monitor your performance against those proposals, and be published promptly using the method advised by OFCOM.
Prepare, keep up‑to‑date and publish a compliance statement
If your business runs a designated internet radio selection service you must write a statement showing how you will meet the duties set out in the Act. You must review the statement regularly, update it when needed, and make the original and any updated versions publicly available.
Present designated internet services prominently and ensure accessibility
If your business provides a regulated TV selection service, you must make sure the way you display internet programme services gives each designated service a suitable level of visibility for UK users. You also need to build in features that let people with sight or hearing impairments use the service as fully as others, and clearly tell them what help is available.
Prevent harmful or prohibited content and protect under‑18s
Unlimited fineIf you run an on‑demand video service you must make sure the catalogue does not contain material that could incite hatred or violence, or any material that is illegal under terrorism, child‑exploitation, racism or video‑recording rules. You also need age‑appropriate controls so that specially restricted material (e.g. R‑rated video works) is not normally accessible to anyone under 18, with the level of control matching how harmful the content could be.
Prevent incitement to crime or disorder in on‑demand services
If you run an on‑demand TV or streaming service (Tier 1), you must make sure it does not carry any material that could encourage crime or cause disorder, and you must put in place any steps the regulator says are needed. If the regulator thinks you have failed, they will send you a notice and give you 21 days to reply before they can suspend or limit your service.
Provide independent, free dispute procedures for customers
If you run a communications service, you must set up a dispute‑handling system that you control separately from OFCOM, is easy to use and transparent, lets domestic and small‑business customers complain at no cost, and lets oversights and compensation be awarded and enforced. You then need to apply to OFCOM for formal approval, supplying any information it requests.
Provide reasonable, uninterrupted access to selected internet radio services without charging other providers
If you run a radio‑selection service, you must make sure your users can pick any internet radio station that appears on the official list and start it with spoken commands, without any other content playing first (except a brief ID or agreed ads). The playback must not be interrupted, and you must not charge the internet‑radio provider for doing any of this or agree to any payment that would breach the rule.
Provide required contributions and promote designated material
If your business runs a designated internet programme service (for example, an online video or streaming platform), you must make sure the service includes the contributions set out in the Communications Act and that any material covered by those provisions is easy for users to find and is actively promoted on the service. The BBC is exempt from this duty.
Remove proscribed service from your multiplex or cable package
If OFCOM tells you that a service has been proscribed, you must make sure it is no longer carried on your multiplex service or included in your cable package. You have up to seven days from the notification to do this, and you must act sooner if it is practicable. Failure to comply can lead to civil action by OFCOM.
Respond to OFCOM licence variation notice and comply with new conditions
If OFCOM issues a notice changing the conditions of your communications licence after a change of control review, you must reply to the notice (making any representations you wish) and then put the new conditions into practice. Failure to do so could affect your licence.
Respond to OFCOM notification of licence condition breach
If OFCOM believes you have broken a licence condition (that isn’t an SMP‑apparatus condition), it can send you a formal notification. You must review the notice, have a set period to put forward any representations, and take the steps OFCOM tells you to fix the breach and avoid any penalty.
Respond to OFCOM’s replacement licence offer and comply if accepted
If your business holds a Channel 3 or Channel 5 broadcasting licence, OFCOM will send you an offer to swap it for a new digital licence. You must decide whether to accept the offer within the period specified, and if you accept, you must pay the required fees and run the service in digital form on the terms set out.
Set up complaint handling procedures for Tier 1 standards
If you provide a Tier 1 communications service, you must have a clear system in place to receive, investigate and resolve any complaints that you are not meeting the Tier 1 standards code. This means keeping a written procedure and records of how each complaint is dealt with, so customers can see that you act on their concerns.
Stop airing ads for less‑healthy food during 5:30‑9:00 pm
If you advertise food or drink on TV, you must stop putting any ads for products that are identified as ‘less healthy’ between 5:30 am and 9:00 pm (except if your firm is a food or drink SME, in which case you are exempt). The rule takes effect on 5 January 2026, so you’ll need to check your current TV adverts and change or remove any that breach the ban.
Take appropriate security measures for your communications network or service
If you run a public telecommunications network or provide a public electronic communications service, you must put in place security steps that are suitable and proportionate. This means you need to identify security risks, act to lower those risks, and have plans ready in case a security incident occurs.
Notifications 9
Notify OFCOM of any proposed change of control of Channel 5
If your company holds the Channel 5 licence and you plan to sell, merge or otherwise change who controls the business, you must tell OFCOM about it in advance and provide any information they request. This also applies if a change of control actually happens without prior notice.
Notify OFCOM of any proposed change to your commitments
If your company is the dominant provider of a public electronic communications network, you must tell OFCOM before you change any commitments that have been made binding by a commitments decision. If OFCOM says the change could have a material effect, you will have to follow additional procedures set out in the Act.
Notify OFCOM of any voluntary separation of network assets
If your business is a telecom provider that OFCOM has identified as having significant market power, and you decide to move part or all of your local access network to another independent company, you must inform OFCOM. You need to tell OFCOM about the decision, any later changes to those plans, and when the transfer actually happens. This enables the regulator to assess any impact on competition and service conditions.
Notify OFCOM of changes affecting your TV service regulation
If your business provides a television programme service or a digital additional television service (other than the BBC or S4C), you must tell OFCOM straight away about any change that could affect whether the service is regulated under section 211. This keeps the regulator’s public list up‑to‑date and ensures you remain compliant.
Notify OFCOM of changes to your TV selection service
If you run a television selection service that falls under the categories set out by OFCOM, you must tell OFCOM as soon as the service starts, stops, or changes its classification. The notice must be sent in the format and with the details OFCOM requires.
Notify OFCOM when your designated radio service stops
If your business provides a radio selection service that OFCOM has designated, you must inform OFCOM as soon as you stop providing that service. The notice must be sent in the format and contain the information that OFCOM requires.
Notify OFCOM when you stop being linked to a public service broadcaster
If your business runs an internet programme service that has been officially designated and you are currently recognised as being associated with a public service broadcaster, you must tell OFCOM as soon as that association ends. The notice must be sent in the way OFCOM tells you and include any information they request.
Notify subscribers of copyright infringement reports
If you run an internet access service and receive a copyright infringement report that the OFCOM code says you must act on, you must send a notice to the affected subscriber within one month. The notice must include details of the alleged infringement, evidence, and information on how the subscriber can appeal or obtain lawful access to the content.
Respond to OFCOM notice of unpaid charge
If OFCOM tells you that you owe an administrative charge, you must deal with that notice. Check what the notice says, send any objections or explanations within the time‑frame OFCOM sets, and pay the amount if you do not successfully contest it. Failing to act can lead to OFCOM taking court action to recover the charge.
Other requirements 13
Avoid disqualification if appointed as a news provider for Channel 3
If your company is or wants to become the designated news provider for a regional Channel 3 service, it must not be a "disqualified person" under the 1990 Act. If you lose that status, you must stop acting as the provider. This keeps your licence and relationship with OFCOM valid.
Carry listed must‑carry TV services on your network
If you operate an electronic communications network that provides public services to a large number of UK users (e.g. a broadband or TV platform), you must include the TV channels listed in the Communications Act – the BBC (digital), Channel 3, Channel 4, Channel 5, S4C Digital and any others added by the Secretary of State. This requirement is set out in the conditions attached to your OFCOM licence.
Comply with any enforcement notification or notice
If Ofcom determines you have broken the on‑demand programme rules, it can issue you an enforcement notification (or notice). You must carry out the steps it sets out – for example stop a programme, add user information or publish a correction – within the time‑frame it specifies. Failure to do so can lead to a financial penalty.
Comply with OFCOM confirmation decision and pay any penalty
If OFCOM sends you a confirmation decision after notifying them of a breach of a code restriction, you must do what the decision requires – for example, take immediate corrective action and pay any fine – within the time‑frame set out. Failure to comply can lead to civil enforcement such as injunctions or orders to pay the penalty.
Comply with OFCOM confirmation decision and pay any penalty
Unlimited fineIf OFCOM sends you a confirmation decision after it has notified you of a breach, you must follow the requirements set out in that decision and pay any penalty within the time‑frame they give. Failure to do so can lead to civil action by OFCOM and the recovery of fines.
Comply with OFCOM confirmation decisions and pay any penalty
If OFCOM notifies you of a breach, gives you a chance to respond and then decides you are in breach, you must follow any actions or conditions it sets and pay any fine it orders. Failure to do so can lead to civil enforcement actions such as injunctions or orders to pay the penalty.
Comply with regulatory directions on service suspension or restriction
If the regulator issues a direction telling you to suspend or restrict a service, you must follow that instruction. The direction will state which service is affected, when it takes effect and any conditions you must meet. Act on it as soon as you receive it and keep records of what you do.
Do not charge viewers for receiving Channel 4 services
If you operate Channel 4 you must not levy any direct or indirect charge on people in the UK for receiving the Channel 4 broadcast – whether in digital or analogue form – nor for any assistance service for disabled viewers or ancillary digital services. The licence also requires any analogue broadcast to carry the same programmes at the same times as the digital service.
Follow the Tribunal's direction and reconsider your decision
If you are a company or individual who has made a decision that can be appealed under the Communications Act (for example a telecom licence or a security decision), the Tribunal may overturn that decision. You are then required to comply with the Tribunal’s order and make a new decision that reflects what the Tribunal says must change. Failing to do so is a breach of a statutory duty.
Get written approval before providing TV programmes or for-profit activities
If you run an S4C company or are a director of S4C, you must obtain written approval from the Secretary of State before you provide any TV programme services or before carrying out any activity that is for a charge or could make a profit. The approval has to come in writing and should be kept as part of your records. This rule does not apply to other private businesses.
Provide a minimum broadband speed across the UK
If you run a telecoms business, you must offer broadband that meets the minimum speed set by the Secretary of State – at least 10 Mbps for fixed‑location connections. You also must supply mobile services when they are needed so that people can fully participate in society.
Remedy regulator notice to avoid suspension of on‑demand service
If Ofcom (the communications regulator) believes your on‑demand TV or streaming service is breaking the Communications Act and fines haven’t fixed it, they will send you a written notice telling you what you must do and by when. You must carry out those steps within the time‑limit (or object in writing). If you do not, Ofcom can order your service to be suspended or restricted.
Stop providing a proscribed foreign broadcast service
If the UK government says a foreign TV or radio service is unacceptable, it can issue a proscription order that bans the service in the UK. Any business that is supplying that service must immediately stop broadcasting it. Continuing to provide the service after the order could lead to enforcement action.
Payments and fees 2
Comply with OFCOM confirmation decision and pay any penalty
If OFCOM notifies you of a breach of section 33, gives you a chance to respond and then issues a confirmation decision, you must follow any actions OFCOM requires and pay the penalty (or reduced amount) it sets. Failure to do so can lead to civil enforcement such as injunctions or recovery of the fine.
Do not pay OFCOM for replacement telephone number allocations
If a telephone number allocation you hold is withdrawn because of a numbering re‑organisation and you are given a replacement set of numbers, you must not make any payment to OFCOM for that replacement. Treat the new numbers as free and keep evidence that no payment was made.
Policies 1
Meet OFCOM’s access-related conditions for conditional access services
If your business provides a conditional access system for protected programme services (such as pay‑TV) or for complementary digital services, you must make sure your system complies with all the conditions that OFCOM requires. This includes following the technical, subscription and competition rules set out in the EECC Directive. In practice you need to keep your service updated to those conditions and demonstrate compliance to regulators.
Offences and prohibitions 9
Breach broadcasting code restrictions
Unlimited fineIf your business (for example, a TV or radio broadcaster or an electronic communications provider) fails to follow a statutory code or condition imposed by the regulator, you commit a criminal offence. On conviction you can be fined and may be prosecuted in the Magistrates' Court.
Commit a wireless telegraphy offence
If your business operates radio or wireless equipment in a way that breaches the Communications Act 2003 – for example by using un‑licensed transmitters or causing unlawful interference – you commit a criminal offence. The offence is dealt with by a fixed‑penalty notice or, if you are taken to court, a summary conviction in a Magistrates’ Court. Conviction can result in a monetary fine (the maximum set out in the statute) and, in the most serious cases, a short term of imprisonment.
Dishonestly obtain communications services to avoid payment
5 years imprisonmentIf you (or your business) obtain an electronic communications service – for example telephone, broadband or mobile – dishonestly and intend to avoid paying the charge for that service, you are committing a criminal offence. On conviction you could be fined an unlimited amount and, depending on how the case is tried, face up to six months in a magistrates' court or up to five years in the Crown Court.
Install or use a TV receiver without a licence
Fine up to £1,000If your business installs or uses a television receiver without first obtaining a licence under the Communications Act, you are committing an offence. The same applies if you have a receiver and intend to use it illegally, or know someone else intends to do so. On conviction you face a fine of up to £1,000, dealt with in the magistrates' court.
Obstruct TV licence enforcement officer or refuse assistance
Unlimited fineIf you deliberately block or hinder an authorised TV‑licence inspector from entering your premises or testing television receivers, or you refuse to help them when they have a legal duty to do so, you commit a criminal offence. On summary conviction you face an unlimited fine (level 5 on the standard scale). No prison term is provided for this offence.
Possess or supply equipment for dishonest obtaining of electronic communications services
5 years imprisonmentIf your business holds, controls or supplies any device that could be used to obtain telecommunications services dishonestly – for example hacking tools or equipment that lets people bypass payment – and you intend or know it will be used that way, you commit a criminal offence. On conviction you face up to six months’ imprisonment or an unlimited fine in the magistrates’ court, or up to five years’ imprisonment or an unlimited fine in the Crown Court.
Provide electronic communications service while prohibited by regulator direction
Unlimited fineIf your business continues to operate a telecom network, provide a communications service, or supply related equipment after the ICO or Ofcom has issued a direction suspending your entitlement or imposing a restriction, you are committing a criminal offence. Conviction can lead to an unlimited fine, either on summary conviction in a magistrates' court or on indictment in the Crown Court.
Provide Tier 1 on‑demand service while suspended
Unlimited fineIf your business continues to offer a Tier 1 on‑demand programme service (including non‑UK services) after the regulator has suspended your entitlement or imposed a restriction, you commit a criminal offence. Conviction can be dealt with in either a magistrates’ court or the Crown Court and results in an unlimited fine. No prison term is attached to this offence.
Send offensive, false or persistently annoying electronic messages
6 months imprisonmentIf your business sends, causes to be sent, or repeatedly uses a public electronic communications network (e.g., email, SMS, social media) to transmit messages that are grossly offensive, indecent, obscene, menacing, knowingly false, or sent just to cause annoyance, you commit an offence. On conviction in a magistrates' court you can be sentenced to up to six months in prison, fined an unlimited amount, or both. The offence applies to any person or organisation using the public network, so it covers commercial communications as well as personal use.
Registration and licensing 1
Hold a valid TV licence and comply with its conditions
If your business uses a TV receiver, you must have a BBC‑issued TV licence. The licence comes with conditions (who can install or use the TV, where it can be used, and how it can be used) and the BBC can change or revoke it by notice. You need to keep the licence up‑to‑date and follow any conditions or notices you receive.
Reporting and filing 10
Co‑operate with OFCOM on licence variations after a change of control
If you are planning to sell or transfer control of a communications licence and OFCOM thinks the change could harm public‑interest matters, they will vary your licence. You must give OFCOM a chance to comment on the proposed variation, accept any new licence conditions they impose, and put those conditions into practice when the change of control happens.
Include count of premises entries in OFCOM annual report
If your business is required to submit OFCOM’s annual report (the report covered by paragraph 12 of the Schedule), you must add a statement showing how many times premises were entered during the financial year under the specific security duty in s.105O(2)(d). This is a simple reporting requirement that goes alongside the rest of your OFCOM filing.
Maintain separate audited accounts for communications business
If your telecom or other public communications company has special or exclusive rights in non‑communications services and an annual communications turnover of £45 million or more, OFCOM can require you to keep separate accounts for the communications part of the business, have those accounts audited by a qualified auditor, and publish them. You may also be required to separate the business structures. You’ll need appropriate accounting and audit arrangements to comply.
Provide copyright infringement lists to owners on request
If you run an internet service, you must give a copyright owner a list of infringement reports for any period they ask for, but only if the initial obligations code says you have to. The list must show which subscriber each report relates to without revealing the subscriber’s identity.
Provide information to OFCOM on request
If your business provides communications services or makes related facilities available to others, OFCOM can ask you for data to produce comparative reports or statistical analyses. You must give the information in the format and within the time‑frame that OFCOM specifies. Failure to comply can lead to enforcement action.
Provide information to OFCOM upon direction
If the regulator OFCOM asks your company (S4C) for information, you must give it. This is a formal reporting duty – you cannot ignore a direction or delay the submission beyond what OFCOM specifies. It applies only to S4C and any similar licence holders under the Communications Act.
Provide information to OFCOM when requested
2 years imprisonmentIf your business is a communications provider (or supplies related services, equipment, or facilities), OFCOM can ask you for any information they need to carry out their regulatory duties. You must give them that information within the reasonable time they set. Failure to do so may lead to enforcement action.
Report any supplementary action taken after a fairness complaint
If your business holds a broadcast licence and a programme you provide is the subject of an OFCOM fairness complaint, you must inform OFCOM of any follow‑up action you (or anyone else responsible for the programme) take to address the issue. This keeps your licence in line with OFCOM’s conditions.
Send copies of notifications, directions, approvals and related changes to the Secretary of State (and OFCOM if not OFCOM)
Whenever your business publishes a notification under section 49A(3), issues a direction, approval or consent under section 45, or changes or withdraws one of these, you must forward a copy of that document to the Secretary of State. If you are not OFCOM, you also have to send the same copy to OFCOM. This is a reporting requirement to keep the regulator informed.
Submit regular reports on your public teletext service
Unlimited fineIf your business runs a public teletext service under a licence, you must send the required information about the service to the regulator (Ofcom). The reports usually cover how the service is being provided, audience figures and any problems you have encountered. Failing to send them can lead to criminal prosecution.
Penalties for non-compliance
15 penalties under this legislation. 4 can result in imprisonment. 12 carry an unlimited fine.
Enable customers to set billing limits on mobile phone plans
Fine up to £2,000,000
Dishonestly obtain communications services to avoid payment
Unlimited fine and/or 5 years imprisonment
Possess or supply equipment for dishonest obtaining of electronic communications services
Unlimited fine and/or 5 years imprisonment
Send offensive, false or persistently annoying electronic messages
Unlimited fine and/or 6 months imprisonment
Fail to comply with OFCOM information requirements or give false information
Unlimited fine and/or 2 years imprisonment
Maintain complaint procedures and follow OFCOM directions on ads, sponsorship and product placement
Unlimited fine
Prevent harmful or prohibited content and protect under‑18s
Unlimited fine
Comply with OFCOM confirmation decision and pay any penalty
Unlimited fine
Breach broadcasting code restrictions
Unlimited fine
Obstruct TV licence enforcement officer or refuse assistance
Unlimited fine
Provide electronic communications service while prohibited by regulator direction
Unlimited fine
Provide Tier 1 on‑demand service while suspended
Unlimited fine
Submit regular reports on your public teletext service
Unlimited fine
Install or use a TV receiver without a licence
Fine up to £1,000
Commit a wireless telegraphy offence
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Digital & Technology 4
Tech Sector Licensing and Authorisations
Comprehensive guide to licences and regulatory authorisations required for technology businesses - telecommunications, financial services, intellectual property, export …
Electronic Communications Code
Rights and obligations for communications network operators to install and maintain electronic communications apparatus on public and private …
General Authorisation for Electronic Communications Services
Any provider of electronic communications services or networks in the UK operates under a general authorisation regime. No …
Register with Ofcom for Online Safety Act compliance
How to register with Ofcom as a regulated online service and understand fee requirements under the Online Safety …
Sector-Specific 3
Film and TV production tax reliefs and regulation
How to access UK film and television tax reliefs, including Audio-Visual Expenditure Credit (AVEC) rates, BFI cultural test …
Broadcast licensing and Ofcom regulation
How to obtain broadcast licences from Ofcom for television and radio services in the UK. Includes licence types, …
Apply for broadcasting licence (TV and radio)
How to obtain Ofcom broadcasting licences for television and radio services in the UK - including TLCS for …
Sections and provisions
461 classified provisions from this legislation.
Duties 123
- Schedule 4 Compulsory purchase and entry for exploratory purposes Secretary of State
- s.5 Directions in respect of networks and spectrum functions OFCOM
- s.6 Duties to review regulatory burdens OFCOM
- s.8 Duty to publish and meet promptness standards OFCOM
- s.11A Regulated services: media literacy strategy and media literacy statement
- s.11 Duties to promote media literacy OFCOM
- s.12 Duty to establish and maintain Content Board OFCOM when appointing members …
- s.15 Duty to publish and take account of research
- s.16 Consumer consultation OFCOM
- s.17 Membership etc. of the Consumer Panel
- s.24 Provision of information to the Secretary of State OFCOM
- s.25 Information requested by EU bodies OFCOM
- s.27 Training and equality of opportunity OFCOM
- s.34 Designations and requirements for the purposes of s. 33
- s.36 Confirmation decision for contravention of s. 33 a person
- s.44 Duty of OFCOM to keep publicly accessible register OFCOM
- s.48C Delivery of copies of notifications etc. in respect of section 45 conditions
- s.49C Delivery of copies of notifications etc. in respect of directions, approvals and consents
- s.52 Conditions relating to customer interests OFCOM
- s.53 Approval of codes of practice for the purposes of s. 52 OFCOM
- ... and 103 more duties
Offences and penalties 23
- s.96 Penalties for contravention of conditions
- s.112 Penalties for contravention of code restrictions
- s.121 Approval of code for premium rate services
- s.124E Contents of initial obligations code
- s.124J Contents of code about obligations to limit internet access
- s.125 Dishonestly obtaining electronic communications services
- s.126 Possession or supply of apparatus etc. for contravening s. 125
- s.127 Improper use of public electronic communications network
- s.143 Enforcement of directions under ss. 140 and 141
- s.144 Offences in connection with information requirements
- s.174 Procedure for prosecutions of wireless telegraphy offences
- s.180 Fixed penalties for certain wireless telegraphy offences
- s.338B Penalties for failure to provide information
- s.345 Financial penalties imposable on licence holders
- s.346 Recovery of fees and penalties
- s.362BV Penalty for failure to comply with confirmation decision
- s.363 Licence required for use of TV receiver
- s.366 Powers to enforce TV licensing
- s.368N Enforcement of directions under section 368K or 368L
- s.368J Financial penalties
- ... and 3 more offences and penalties
Powers 96
- s.2A Statement of strategic priorities
- s.2B Duties of OFCOM in relation to strategic priorities
- Schedule 14 Media ownership rules
- s.18 Committees and other procedure of the Consumer Panel
- s.19 Power to amend remit of Consumer Panel
- s.28A International recognition of satellite frequency assignments: power to charge fees
- s.29 Secretary of State guarantees for OFCOM borrowing
- s.35 Notification of contraventions of s. 33
- s.35A Penalties for contravention of section 33
- s.55 Orders by OFCOM in the absence of conditions under s. 52
- s.57 Conditions to secure access to telephone numbers
- s.58 Conditions about allocation and adoption of numbers
- s.72A Review of universal service order
- s.73 Permitted subject-matter of access-related conditions
- s.74A Access-related conditions in certain cases involving use of radio spectrum
- s.76A Information about electronic communications apparatus available for shared use
- s.85 Review of apparatus market identifications and determinations
- s.89A Functional separation
- s.91 Conditions about regulation of services etc. for end-users
- s.100A Suspending service provision for breach of SMP services condition
- ... and 76 more powers
Definitions 78
- Schedule 8 Decisions not subject to appeal
- s.14 Consumer research
- s.33 Advance notification to OFCOM
- s.42 Suspending service provision for non-payment
- s.51 Matters to which general conditions may relate
- s.61 Withdrawal of telephone number allocations
- s.72H Sharing of burden of social tariff obligations
- s.78 Circumstances required for the setting of SMP conditions
- s.79 Market power determinations
- s.88 Conditions about network access pricing etc.
- s.93 Conditions about apparatus supply
- s.94 Notification of contravention of SMP apparatus conditions
- s.97 Amount of penalty under s. 96 or 96A
- s.101 Suspending apparatus supply for contraventions of conditions
- s.102 Procedure for directions under ss. 100 and 101
- s.105K Duty to inform OFCOM of security compromise
- s.111A Power to deal with urgent cases
- s.113 Suspension of application of code
- s.114 Procedure for directions under s. 113
- s.115 Modification and revocation of application of code
- ... and 58 more definitions
Exemptions 38
- s.3 General duties of OFCOM
- s.7 Duty to carry out impact assessments
- s.24B Provision of information to assist in formulation of policy
- s.24A Provision of information before publication
- s.39 Supplemental provision about fixing charges
- s.47 Test for setting or modifying conditions
- s.48A Consultation for section 45 conditions
- s.49A Consultation for directions, approvals and consents
- s.49 Directions and approvals for the purposes of a s. 45 condition
- s.67 Subject-matter of universal service conditions
- s.72E Consultation by OFCOM on proposed recommendation
- s.72D Social tariff conditions: procedure
- s.72F Social tariff conditions: general
- s.80A Consultation for market identifications and market power determinations
- s.89 Conditions about network access in exceptional cases
- s.93C Giving effect to commitments decision
- s.105Z Urgent enforcement direction
- s.120A Procedure for setting, modifying and revoking premium rate services conditions
- s.124U Rights of end-users in relation to contract termination
- s.193 Reference of price control matters to the CMA
- ... and 18 more exemptions