Challenging decisions of the UK communications regulator

Produced in partnership with Charles Russell Speechlys LLP

Practice notes

Challenging decisions of the UK communications regulator

Produced in partnership with Charles Russell Speechlys LLP

Practice notes

This Practice Note considers appeals against decisions made by the communications regulator in the UK, Ofcom. In this context, it takes account of relevant UK law, considers the Establishment and functions of Ofcom and the ways in which Ofcom’s regulatory decisions may be challenged at the Competition Appeal Tribunal (CAT) (and subsequently the Court of Appeal), and/or the High Court.

Applicable legislation

The UK legislation is based on the EU regulatory framework on electronic communications (the Framework), which was originally established in 2002 with the aim of strengthening competition by facilitating market entry and stimulating Investment in the electronic communications sector.

The Framework consisted of a number of directives, the primary one being Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (the Framework Directive). This was supported by Directive 2002/20/EC (the Authorisation Directive), Directive 2002/19/EC (the Access Directive), Directive 2002/22/EC (the Universal Services Directive) and Directive 2002/58/EC (the ePrivacy Directive). In 2009, these directives were amended by Directive 2009/140/EC (the Better Regulation Directive) and Directive 2009/136/EC (the Citizens’

Jurisdiction(s):

United Kingdom

Key definition:

Ofcom definition

What does Ofcom mean?

UK Communications regulator established by the communications act 2003, covering television and radio broadcasts and responsible for representing the interests of citizens and consumers by promoting competition in the broadcast media and protecting the public from harmful or offensive material via the broadcasting code. Ofcom has various wide-ranging powers including the ability to levy financial penalties or force the broadcast of corrections for breaches of the Broadcasting Code.

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