2A

In relation to a dispute falling within section 185(1), OFCOM must exercise their powers under subsection (2) in the way that seems to them most appropriate for the purpose of securing—

a

efficiency;

b

sustainable competition;

c

efficient investment and innovation; and

d

the greatest possible benefit for the end-users of public electronic communications services.

and may determine the amount of the costs and when the costs are to be paid.

6A

OFCOM may not, under subsection (6)(a), require a party to the dispute to make payments to another party unless OFCOM have considered—

a

the conduct of the party before and after the reference to OFCOM (including, in particular, whether any attempt has been made to resolve the dispute), and

b

whether OFCOM has made a decision in the party’s favour in respect of the whole or a part of the dispute.

6B

OFCOM may not, under subsection (6)(b), require payments to be made to them by a party to the dispute unless—

a

the dispute relates to the rights and obligations of the parties to the dispute under the enactments relating to the management of the radio spectrum, or

b

they have considered the matters referred to in subsection (6A)(a) and (b).