COMMUNICATIONS ACT 2003

Instructor: Dr. Shokrkhah

By: Reza Shirzad

Department of British Studies

Faculty of World Studies

University of Tehran

2013

IN THE FOLLOWING SLIDES

• Communications Act 2003

• The Main Provisions of the Act

• OFCOM Act 2002

• 5 bodies responsible for the communications sector

• Overview of the Act

COMMUNICATIONS ACT 2003

• The Act gives effect to the Government’s proposals for the reform of the regulatory framework for the communications sector,

• The Act relates to matters within the responsibilities of both the Secretary of State for Trade and Industry and the Secretary of State for Culture, Media, and Sport.

• In practice, some of the functions conferred upon the Secretary of State will be exercised by the Secretary of State for Trade and Industry and the Secretary of State for Culture, Media, and Sport jointly and others by only one of them.

THE MAIN PROVISIONS OF THE ACT

• The transfer of functions to the Office of Communications(OFCOM) from the bodies and office holders which currently regulate the communications sector and manage the radio spectrum

• OFCOM’s general duties in carrying out their functions

• The replacement of the current system of licensing for telecommunications system with a new framework for the regulation of electronic communications networks and services

THE MAIN PROVISIONS OF THE ACT

• The power to develop new mechanisms to enable spectrum to be traded in accordance with regulations made by OFCOM, and a scheme of recognized spectrum(radio frequency) access

• Procedures for appealing decisions relating to networks and services and rights of use for spectrum

• The development of the current system for regulating broadcasting to reflect technological change, to accommodate the switchover from analogue to digital broadcasting and to rationalize the regulation of public service broadcasters

• The establishment of a Consumer Panel to advise and assist OFCOM, and to represent and protect consumer interests

• The establishment of a Content Board to advise OFCOM, and undertake functions on their behalf, in relation to the content of anything broadcast or otherwise transmitted by means of an electronic communications network and in relation to media literacy

• The concurrent exercise by OFCOM of powers under the Competition Act 1998 and the Enterprise Act 2002 across the whole of the communications sector(including broadcasting)

• The application of the merger control regime under the Enterprise Act 2002 to mergers involving newspapers and other media enterprises

COMMUNICATIONS ACT 2003

OFCOM Act 2002: Establishes OFCOM and gives them a single initial function- to prepare to assume regulatory functions at a

later stage.

It also gives the existing regulators additional functions and duties to assist OFCOM to prepare

• One of the central objectives of the Communications Act 2003 is the transfer to OFCOM of the functions, property, rights and liabilities of the bodies and office holders that currently regulate the communications sector.

• OFCOM will then develop and maintain new regulatory rules for the communications sector within the context of a single set of regulatory objectives, and in the light of the changing market environment.

• In Feb. 2002 the European Parliament and the Council of Ministers adopted four directives(“the EC Communications Directives”), which set out a package of measures for a common regulatory framework for electronic communications network and services

• Provisions in the Act implement a significant proportion of this new regulatory package in the UK.

5 BODIES RESPONSIBLE FOR THE COMMUNICATIONS SECTOR

1. The Broadcasting Standard of Commission:

• A non-departmental public body which has statutory responsibilities for standards and fairness in broadcasting.

• It has 3 main tasks, as established by the Broadcasting Act 1996

I. To produce codes of conduct relating to standards and fairness;

II. To consider and adjudicate on complaints;

III. To monitor, research and report on standards and fairness in broadcasting.

2. The Director General of Telecommunications:

• Responsible for running the Office of Telecommunications(Oftel)-the UK telecommunications regulator

• Oftel is a non-ministerial government department

• The Director General is responsible under the Telecommunications Act 1984 for administering and enforce the licenses that regulate telecommunications operators.

• His duties include:

I. Ensuring that adequate telecommunications services are provided throughout the UK;

II. Promising the interests of consumers

III. Maintaining effective competition

3. The Independent Television Commission:

• The statutory body which licenses and regulates independent television services in the UK, including cable and satellite.

• Operates under powers derived from the Broadcasting Acts 1990 and 1996

• Their responsibilities include:

I. Setting and maintaining the standards for programs

II. Economic regulation

III. Public service obligation

IV. Research

V. TV advertising regulation and technical quality

4. The Radio Authority:

• The statutory body responsible for regulation and licensing of independent radio broadcasting in the UK, that is to say all non-BBC radio services

• Operates under powers derived from the Broadcasting Acts 1990 and 1996

• Their responsibilities include:

I. Frequency planning

II. The award of licenses

III. The regulation of programming and radio advertising

IV. The supervision of the radio ownership system

5. The Secretary of State:

• Has a regulatory role in respect of the allocation, maintenance and supervision of non-military radio spectrum in the UK.

• This role is exercised through the Radiocommunications Agency, an executive agency of the Department of Trade and Industry.

OVERVIEW OF THE ACT

• The Act is in 6 parts:

1. Functions of OFCOM:

2. Networks, Services and the Radio Spectrum

3. Television and Radio Services

4. Licensing of TV Reception

5. Competition in Communications Markets

6. Miscellaneous and Supplemental