Businesses entering UK telecoms or payments markets need to know whether their activities are regulated, what authorisations or registrations they require, and how to structure their launch or acquisition to comply from day one. Getting the regulatory perimeter wrong can mean operating without required authorisation, triggering enforcement action, or structuring a transaction in a way that creates avoidable regulatory obstacles. Bratby Law provides direct legal advice on regulatory perimeter analysis, authorisation requirements and market entry across telecoms and payments.

Who this is for

This service is designed for businesses at the point of market entry or product expansion where regulatory status needs to be determined. Typical clients include telecoms operators launching UK services and needing to understand Ofcom General Conditions obligations under the Communications Act 2003; fintechs and payment technology businesses assessing whether their product requires FCA authorisation under the Payment Services Regulations 2017 or the Electronic Money Regulations 2011; overseas operators and platforms expanding into the UK; PE investors and acquirers assessing targets’ regulatory status; and product teams launching new features that may cross a regulatory perimeter.

Common triggers

Clients typically seek perimeter and authorisation advice when launching a new telecoms or payments service in the UK and needing to know which regulatory regime applies. When acquiring a business that holds Ofcom or FCA authorisations and needing to understand the transfer or change-of-control requirements. When expanding an existing product into activities that may cross the payments or telecoms regulatory perimeter. When an overseas regulator or partner has asked the business to confirm its UK regulatory status. When structuring a JV, partnership or agency arrangement where the regulatory treatment depends on which entity is the regulated provider.

What we advise on

Our perimeter and authorisation advice covers identifying whether a business or product falls within the scope of UK telecoms regulation (Communications Act 2003, Wireless Telegraphy Act 2006) or payments regulation (PSRs 2017, EMRs 2011). Mapping the specific authorisations, registrations or notifications required, including Ofcom General Conditions notification, FCA authorisation or registration, and PSR participation requirements. Advising on the application process, including timeline, documentation requirements and regulatory expectations. Structuring market entry or product launch to ensure compliance from the point of first activity. Advising on transitional provisions, exemptions and exclusions that may apply. Coordinating with Ofcom or the FCA on pre-application enquiries where appropriate.

Practical outputs

Typical deliverables include a regulatory perimeter opinion setting out whether the client’s activities are regulated and under which regime; an authorisation roadmap with timeline, dependencies and key milestones; drafting or review of regulatory applications and supporting documentation; advice notes on structuring to optimise regulatory treatment; and ongoing support through the authorisation process until approval is obtained.

Why direct legal advice

Perimeter and authorisation questions require precise legal analysis, not general commercial guidance. The difference between being regulated and unregulated, or between requiring full FCA authorisation and qualifying for an exemption, can turn on specific features of the product or business model. Getting it wrong creates enforcement risk, commercial delay and reputational damage. Direct legal advice from a specialist with regulatory authority experience means the analysis is grounded in how Ofcom and the FCA actually assess these questions in practice.

Who we are

Rob Bratby has over 30 years’ experience in telecoms and payments regulation, including work at Oftel (the predecessor to Ofcom) where he was directly involved in the development of UK telecoms regulatory policy, and senior in-house roles at COLT where he managed the regulatory position of a pan-European carrier. He currently holds fractional General Counsel appointments at UK Payments Initiative Limited, TelXL, Core and The One Touch Switching Company. This background means perimeter and authorisation advice is informed by direct experience of how Ofcom and the FCA assess regulatory scope questions in practice, not just the text of the legislation.

For businesses entering a market for the first time, this practical perspective is particularly valuable. Understanding the regulator’s likely approach to a novel business model, the common areas where applications encounter difficulty, and the precedents from similar applications reduces uncertainty and accelerates the authorisation process.

Related practice areas

For the full telecoms regulatory framework, see Telecoms Regulation. For FCA and PSR authorisation and payments compliance, see Payments Regulation.

Related engagement models

See also: UK Counsel for Global Businesses for ongoing UK legal support, and Transactions Co-counsel for regulatory input on deal workstreams. For an overview of all direct legal advice services, see Direct Legal Advice.

Market entry structuring

Beyond the initial perimeter question, market entry advice often involves structuring decisions that affect the ongoing regulatory position. Whether to operate as a principal or an agent, whether to apply for full authorisation or use the registration regime, whether to establish a UK subsidiary or operate cross-border with passporting, and how to structure JV or partnership arrangements to optimise the regulatory treatment. These structuring decisions have long-term consequences and should be made with specialist regulatory input from the outset.

Frequently asked questions

Book a call

If you need advice on whether your business is regulated or what authorisations you need, contact us.