Quick answer. Ofcom is the UK regulator for telecoms, broadcasting, spectrum, postal services and online safety. Its powers are wide and discretionary. Day-to-day enforcement runs through several distinct divisions (Consumer Group, Networks and Communications Group, Spectrum Management Group, Online Safety) each with its own institutional culture and resourcing. In my view, how Ofcom prioritises in practice often diverges from its published policy. Effective engagement requires an understanding of how Ofcom reaches decisions as well as of what its guidance says.

The guide to the UK Communications Regulator is a primer on what Ofcom regulates. This page covers how Ofcom exercises those powers in practice.

Trigger situation

A business needs to understand how Ofcom operates in practice, not just what its statutory duties are. A provider is facing an Ofcom information request, own-initiative investigation, or policy consultation and needs to understand the regulator’s approach. A PE investor or acquirer needs to assess the regulatory risk profile of a telecoms target, which requires understanding how Ofcom actually exercises its powers.

Why it matters now

Ofcom’s remit and discretionary powers have expanded materially since 2003. It regulates not only telecoms but also broadcasting, spectrum, postal services (under the Postal Services Act 2011), and online safety. The Telecommunications (Security) Act 2021 (TSA 2021) added security enforcement powers. The Online Safety Act 2023 extended Ofcom’s remit into platform regulation. Cite Ofcom’s Annual Plan or Statement of Charging Principles for the first, and the Ofcom document that signals the shift for the second, in the same sentences. Otherwise cut both. Wider powers and tighter resources make Ofcom’s enforcement priorities harder to predict from one year to the next.

Common Ofcom engagement failures

Ofcom’s design documents, policy statements and regulatory approaches are authoritative on policy intent. They do not record its internal prioritisation, its allocation of resource, or the pressures that shape a particular decision.

Ofcom operates through several distinct divisions, each with its own institutional culture, staffing constraints and decision-making style. The Consumer Group (handling consumer complaints and broadband quality) operates differently from the Networks and Communications Group (handling network access and competition regulation) and the Spectrum Management Group (handling spectrum licensing and enforcement). Evidence and submissions go to the division that will decide the matter, and the right escalation route runs within that division.

Ofcom’s discretion under the Communications Act 2003 is wide. The Communications Act 2003 and later legislation grant Ofcom very wide powers, often expressed in permissive language: Ofcom “may” consult, Ofcom “may” investigate, Ofcom “may” impose conditions. The discretion is deliberate, and it allows Ofcom to respond to changing market conditions. It also means Ofcom’s priorities can diverge from its published policy statements.

How an Ofcom matter runs

Engagement with Ofcom works from the regulator’s own incentives, constraints and decision-making processes.

The first question is which part of Ofcom will decide the matter and what that division is currently prioritising. Recent enforcement decisions, policy statements, resource announcements, leadership changes and Ofcom’s published strategic priorities are where the answer is found, read across divisions for the pattern in how Ofcom interprets its powers.

A submission to Ofcom is evidenced, addressed to the concerns Ofcom has raised, and framed within Ofcom’s own remit and processes. It answers the question Ofcom has asked.

Ofcom has internal appeal procedures, and escalation from one division to another is possible though rarely used. Escalation at the wrong point is counterproductive, and the timing and framing of the request matter as much as the decision to make it.

Timescales are long and uneven. A notice under section 135 of the Communications Act 2003 requires a response within such reasonable period as Ofcom specifies. Ofcom enforces non-compliance by a notification under section 138, a confirmation decision under section 139A and a penalty under section 139 of up to £2,000,000; prosecution for the offence in section 144(1) is available only where that route has been followed and no section 139 penalty has been imposed. An investigation can run for years, and a consultation can change direction part-way through. A provider plans its own management time and legal budget against those timescales at the outset.

Ofcom’s powers do not reach every problem that presents as a regulatory one. Some require a change in the legislation rather than a regulatory remedy, and that boundary is worth establishing before the engagement starts.

When to instruct

You should instruct Bratby Law if you are facing an Ofcom engagement that requires understanding the regulator’s approach: an information request, investigation, consultation, or dispute. You should also instruct if you are making a strategic business decision that depends on your regulatory risk profile with Ofcom, such as an acquisition, investment in new services, or market entry. You should instruct if you are drafting a submission to Ofcom and want to ensure that submission is calibrated to what Ofcom is actually asking for. You should not instruct for routine administrative compliance queries that your in-house team can handle, such as annual returns or standard reporting. You should not instruct for legal analysis of Ofcom’s published guidance if you have no imminent regulatory engagement.

How Bratby Law helps

The work runs from identifying the Ofcom division that will decide the matter and its current priorities, through submissions drafted to Ofcom’s own processes rather than to generic legal principles, to dispute resolution before Ofcom, escalation where it is warranted, and the timeline and resource implications of an investigation or enforcement action. It also covers the boundary between what Ofcom can do and what needs a change in the legislation.

Sir Ian Cheshire’s appointment as Ofcom Chair, and what it signals for operators, is covered in the article on the Ofcom Chair 2026 appointment.

Frequently asked questions

What is Ofcom and who does it regulate?

Ofcom is the Office of Communications, the independent regulator for the communications industry in the United Kingdom. It regulates electronic communications networks and services (including fixed and mobile operators, ISPs and VoIP providers), broadcast content and television licensing, radio spectrum, postal services (under the Postal Services Act 2011), video sharing platforms (brought within Ofcom’s remit on 1 November 2020 by Part 4B of the Communications Act 2003, inserted by the Audiovisual Media Services Regulations 2020, SI 2020/1062), and user-to-user and search services under the Online Safety Act 2023. Ofcom was established by the Office of Communications Act 2002 and has powers under the Communications Act 2003, the Wireless Telegraphy Act 2006, the Broadcasting Acts 1990 and 1996, the Postal Services Act 2011, and the Online Safety Act 2023.

Can Ofcom force a business to provide information?

Yes. Under section 135 of the Communications Act 2003, Ofcom can issue an information notice requiring a person to provide specified information or documents within a specified period. The notice must be in writing and must state the purpose for which the information is required. Failure to provide the information is an offence under section 144(1) of the Communications Act 2003, punishable by a fine. Section 144(5) allows a prosecution only where Ofcom has given a notification under section 138, the period allowed by a confirmation decision under section 139A has expired without compliance, and no penalty has been imposed under section 139. Section 144(2) gives a defence where compliance within the period was not reasonably practicable and all reasonable steps were taken afterwards. The route Ofcom uses first is the section 138 notification and a penalty of up to £2,000,000 under section 139(5).

How does Ofcom decide whether to investigate?

Ofcom sets out the criteria it uses to prioritise enforcement cases in its Regulatory Enforcement Guidelines for investigations, which took effect on 1 February 2025. These include the seriousness of the breach, the impact on citizens and consumers, the length of time the breach has continued, and compliance history. However, Ofcom has material discretion in applying these criteria. Changes in Ofcom’s leadership, budget and strategic priorities can affect enforcement prioritisation. Ofcom is not required to investigate every complaint or suspected breach.

What is the maximum financial penalty Ofcom can impose?

Ofcom imposes a financial penalty for contravention of a condition under sections 96A to 96C of the Communications Act 2003, and section 97 fixes the amount. The maximum is ten per cent of the turnover of the person’s relevant business for the relevant period, which section 97(5) defines as the year ending with the 31 March before notification of the contravention was given, not the preceding business year. For contravention of a security duty, section 105S of the Communications Act 2003 applies sections 96A to 100, 102 and 103 as they apply to a condition set under section 45, so the section 97 cap of ten per cent of relevant turnover applies. Section 105T substitutes a maximum of £10 million for contravention of the duty in section 105I, and caps daily penalties at £100,000, or £50,000 for a section 105I duty. Penalties are calculated with reference to Ofcom’s published penalty guidelines.

What is section 135 and why is it important?

Section 135 of the Communications Act 2003 gives Ofcom the power to issue an information notice. This is one of Ofcom’s most frequently used enforcement tools, as it is much faster than a formal investigation. Receiving a section 135 notice is often an early indicator of a deeper regulatory concern. Information given in response to a section 135 notice can be used in evidence in later enforcement proceedings.

How can businesses engage with Ofcom proactively?

Businesses can engage with Ofcom through consultation responses, stakeholder meetings, and requests for guidance on specific questions. Ofcom publishes a consultation calendar. Consultations are an opportunity to provide evidence and argument on topics of regulatory importance. A consultation response carries most weight where it provides evidence Ofcom does not already hold and answers the questions Ofcom has asked.

Representative experience

Recent and representative matters include:

• Advised operators on engagement with Ofcom across market reviews, enforcement proceedings, numbering disputes, and General Condition compliance, drawing on direct experience of how the regulator operates.
• Prepared and coordinated submissions to Ofcom consultations on wholesale market regulation, spectrum policy, and consumer protection, including multi-party industry responses.
• Supported a provider through an Ofcom investigation into alleged General Condition breaches, managing the section 96A notification process and negotiating a proportionate outcome.
• Advised on the strategic and regulatory implications of Ofcom’s evolving approach to ex-ante and ex-post regulation in converging communications markets.
• Advised on transactions requiring Ofcom engagement, including network sharing arrangements and changes of control involving regulated assets.

Rob Bratby spent a year on secondment to Oftel, the predecessor regulator, from Baker and McKenzie. Rob is ranked in Chambers UK (Band 2) for telecoms and recognised as a Legal 500 Leading Partner.

Related telecoms regulation pages

The other telecoms regulation pages:

Am I regulated?
Ofcom General conditions of entitlement
SMP regulation and market reviews
Numbering
Code Powers and access to land
Spectrum
Lawful intercept and the Investigatory Powers Act 2016
Telecoms Security
Ofcom Licence Fees
Interconnection regulation
Complaints and investigations
Connected Vehicles and IoT Regulation
EU Digital Networks Act

Independent directory rankings

Rob Bratby holds the following independent directory rankings:

• Chambers & Partners: Rob Bratby is ranked as a Band 2 lawyer in the UK Guide 2026 in the “Telecommunications” category: Chambers
• The Legal 500: Rob Bratby is listed as a Leading Partner for Telecoms in London (TMT: IT and Telecoms). The Legal 500
• Lexology Index: Rob Bratby is recognised as a Global Elite Thought Leader for telecoms and media, and as a Thought Leader for data privacy and protection: Lexology