The UK’s communications regulator

Ofcom is the statutory regulator for electronic communications, spectrum, numbering and a increasing range of digital and online services. Its core telecoms powers derive from the Communications Act 2003 (CA 2003) and Wireless Telegraphy Act 2006 (WTA 2006). It also has sector-specific roles under more recent legislation, including the Online Safety Act 2023.

Bratby Law advises clients on all aspects of dealing with the UK regulator.

Legal Basis

Statutory framework

Ofcom’s functions derive primarily from:

• the Office of Communications Act 2002
• the Communications Act 2003
• the Wireless Telegraphy Act 2006 (spectrum management)
• the Digital Economy Act 2017 (appeals reform, video-sharing platforms)
• the Online Safety Act 2023 (online safety regulation and enforcement)

CA 2003 establishes Ofcom as the national regulatory authority (NRA) for electronic communications. WTA 2006 grants it responsibility for spectrum management. Newer legislation expands Ofcom’s remit into online safety, video services and digital platforms.

Principal duties (s 3 CA 2003)

Under CA 2003 s 3, Ofcom must:

• further the interests of citizens in relation to communications matters; and
• further the interests of consumers, where appropriate by promoting competition.

The UK regulator must also apply principles of transparency, accountability, proportionality and consistency.

Relationship with government

The Secretary of State may issue directions to Ofcom on national security, networks and spectrum (CA 2003 ss 4–5). Ofcom must comply where lawfully directed.

Scope

Electronic communications networks and services (CA 2003 s 32)

Ofcom regulates electronic communications networks (ECNs) and electronic communications services (ECSs), defined broadly to include any transmission system and any service whose principal feature is the conveyance of signals.

General authorisation

Communications providers do not require an individual licence to operate networks or services in the UK(save for spectrum). Instead, they must comply with the General Conditions of Entitlement.
See our General Conditions page for more detail.

Spectrum

Spectrum is licensed and regulated spectrum under WTA 2006. Operating wireless apparatus normally requires a licence unless exempted under s 8(3).
See our Spectrum page for more detail.

Numbering

Ofcom administers the National Telephone Numbering Plan under CA 2003 ss 56–63.

See our Numbering page for more detail

Net neutrality and open internet

Ofcom enforces UK net neutrality rules (post-Brexit assimilated law) which govern traffic management, throttling, zero-rating and transparency obligations for ISPs.

Video-sharing platforms

Under the Audiovisual Media Services regime (as amended by the Digital Economy Act 2017), Ofcom regulates UK-established video-sharing platforms for harmful content, advertising standards and protection of minors.

Online Safety Act 2023

Under the OSA, Ofcom is the regulator for:

• user-to-user services
• search services
• pornography services
• regulated provider duties (risk assessments, safety measures, content governance)
• transparency reporting
• enforcement and penalties

The OSA substantially expands its oversight of online and digital business models.
See our OSA page for more detail.

Functions and Powers

Regulatory functions

Ofcom’s functions include:

• setting and maintaining regulatory conditions
• allocating numbers and managing spectrum
• investigating compliance and issuing directions
• resolving disputes between providers
• monitoring service quality and market trends
• maintaining universal service arrangements
• enforcing online safety obligations and video-sharing platform rules
• promoting competition and efficient investment

Condition-setting powers

Under CA 2003, Ofcom may impose various types of conditions on communications providers:

• General Conditions
• Universal Service Conditions
• Numbering conditions
• SMP conditions following market reviews
• Information, transparency and consumer conditions

See also our pages on General Conditions, Numbering and SMP Conditions.

Spectrum powers (WTA 2006)

Ofcom may:

• grant, vary and revoke spectrum licences
• set exemption regulations
• impose technical parameters and usage restrictions
• enforce compliance including seizure of equipment and penalties

See our Spectrum page.

Online safety and platform-regulation powers

Under the OSA, Ofcom may:

• require risk assessments and safety-by-design measures
• impose duties on platforms to mitigate illegal and harmful content
• issue information notices and require audits
• impose fines and, in extreme cases, service restrictions
• apply criminal liability for senior managers in specific circumstances

Enforcement

Ofcom has extensive enforcement powers including:

• information requests
• investigations
• financial penalties
• statutory directions
• urgent action powers
• publication of findings
• platform compliance notices (OSA)

CA 2003 ss 94–104 and WTA 2006 Pt 2 contain the core enforcement mechanisms.

Appeals and Oversight

Right of appeal (s 192 CA 2003)

Affected parties may appeal certain Ofcom decisions to the Competition Appeal Tribunal (CAT).

Appealable decisions include those relating to:

• telecoms regulation
• numbering
• spectrum
• dispute determinations
• some Secretary of State decisions

Standard of review

Since the Digital Economy Act 2017, most appeals are determined on judicial review standards, not a merits review. This focuses on legality, rationality and procedural fairness.

Price-control issues may be referred to the CMA (s 193).

Further appeals

Further appeal lies to the Court of Appeal on points of law (s 196).

Practical Implications of change in standard of review on appeal

The implications for communications providers include:

• regulatory decisions are harder to overturn under JR standards
• compliance frameworks must be comprehensive and defensible
• responses to consultations and information requests require strategic management
• online content responsibilities may now intersect with telecoms operations
• enforcement carries financial and reputational risk

How Bratby Law Assists

We advise on:

• telecoms regulatory compliance and governance
• spectrum licensing strategy
• engagement on investigations, information requests and consultations
• online safety compliance (in coordination with our AI & Data Governance pillar)
• dispute resolution and appeals before the CAT
• regulatory due diligence in transactions

Why Bratby Law

Businesses operating in regulated communications and digital markets require advisers who combine technical understanding, regulatory experience and strategic judgement. Bratby Law offers precisely this mix.

Technical expertise combined with regulatory insight

With both legal and technical backgrounds, we understand how networks, spectrum, numbering, platforms and online systems actually work. This allows us to decode Ofcom’s requirements and translate them into practical compliance strategies rather than abstract legal analysis.

Experience across government, in-house and private practice

Our experience spans the UK communications regulator, leading international law firms and senior in-house roles. We understand how Ofcom approaches investigations, consultations and enforcement, and we know how regulated businesses think and operate. This helps us anticipate regulatory issues early and engage constructively with the regulator.

A specialist, boutique practice focused on regulated sectors

We concentrate exclusively on telecoms, digital, AI and data-driven services. This specialist focus means clients receive advice that is sharply targeted, technically informed and commercially realistic.

Clear, actionable advice

We provide concise, outcome-focused guidance that helps senior teams make decisions quickly. Our advice is designed to reduce uncertainty, manage regulatory risk and support efficient execution.

Support across the full lifecycle of Ofcom engagement

From responding to information notices and drafting consultation submissions to advising on enforcement strategy, appeals and regulatory aspects of transactions, we support clients at every stage.

Independent directory rankings

Our specialist expertise is recognised in major independent legal directories:

• Chambers & Partners: Rob Bratby is ranked in the UK Guide 2026 in the “Telecommunications” category: Chambers
• The Legal 500: Rob Bratby is listed as a “Leading Partner – Telecoms” in London (TMT – IT & Telecoms): The Legal 500
• Lexology: Rob Bratby is featured on Lexology’s expert profiles (Global Elite Thought Leader): Lexology

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