Part 2Networks, services and the radio spectrum

Chapter 3Disputes and appeals

Disputes

I1I2C1186Action by OFCOM on dispute reference

C11

This section applies where a dispute is referred to OFCOM under and in accordance with section 185.

C12

OFCOM must decide whether or not it is appropriate for them to handle the dispute.

C1F42A

In relation to a dispute falling within subsection 185(1), OFCOM may in particular take into account their priorities and available resources in considering whether it is appropriate for them to handle the dispute.

C13

F2In relation to a dispute falling within section 185(1A) or (2), Unless they consider—

a

that there are alternative means available for resolving the dispute,

b

that a resolution of the dispute by those means would be consistent with the F1six requirements set out in section 4, and

c

that a prompt and satisfactory resolution of the dispute is likely if those alternative means are used for resolving it,

their decision must be a decision that it is appropriate for them to handle the dispute.

C14

As soon as reasonably practicable after OFCOM have decided—

a

that it is appropriate for them to handle the dispute, or

b

that it is not,

they must inform each of the parties to the dispute of their decision and of their reasons for it.

C15

The notification must state the date of the decision.

C16

F3In relation to a dispute falling within section 185(1A) or (2), Where—

a

OFCOM decide that it is not appropriate for them to handle the dispute, but

b

the dispute is not resolved by other means before the end of the four months after the day of OFCOM’s decision,

the dispute may be referred back to OFCOM by one or more of the parties to the dispute.