What this covers
Why you need it
Parliament created it. The power to require it comes from Communications Act 2003.
What the Act carries
What our graph holds for Communications Act 2003 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 124
- Penalties
- 50
- Exemptions
- 43
Duties on businesses under the Act
- Obtain OFCOM consent and follow land‑acquisition rules for network expansion Schedule 4
- Respond to OFCOM notice of unpaid charge s.40
- Comply with Ofcom conditions when using allocated telephone numbers s.59
- Do not pay OFCOM for replacement telephone number allocations s.62
- Notify Ofcom if you plan to transfer local access network assets s.89C
- You may propose changes to your formal communications commitments s.93D
… and 118 more business duties in the same Act.
What happens if you get it wrong
- Dishonestly obtain an electronic communications service 5 years imprisonment
- Dishonestly obtain electronic communications services to avoid payment 5 years imprisonment
- Fail to provide required information to Ofcom or give false information 2 years imprisonment
- Possess or supply equipment for dishonest obtaining of electronic communications services 5 years imprisonment
- Provide false information to Ofcom 2 years imprisonment
… and 45 more penalties in the same Act.
Exemptions that may take you outside it
- 12-month grace period for non-UK Tier 1 on-demand services — Your non-UK on-demand programme service has become a Tier 1 service and it is less than 12 months since that …
- Anti-competitive networking rules do not apply if they promote progress — Arrangements contribute to improving production/distribution or promoting technical/economic progress (Competition Act 1998 s.9 criteria)
- Approved networking arrangements between Channel 3 licensees exempt from competition law prohibition — Networking arrangements approved by Ofcom under licence conditions imposed under section 291 of the Communications Act 2003, or arrangements treated …
- BBC exempt from key on-demand service rules — You are the British Broadcasting Corporation (BBC)
- Buildings and garden land in Scotland exempt from telecoms survey entry — Land is covered by buildings or used as a garden or pleasure ground
… and 38 more exemptions in the same Act.
Read our full dossier on Communications Act 2003
Who issues it
This one does not go to your council. It is issued by Department for Culture, Media and Sport.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.