What Does Ofcom Regulate? A Guide to the UK Communications Regulator

Ofcom is the UK regulator for communications services. It oversees telecoms, broadcasting, postal services, spectrum and, since 2023, online safety. For any business operating electronic communications networks or services in the UK, Ofcom is the primary regulatory authority. This guide sets out what Ofcom regulates, what powers it holds, and what the obligations mean in practice for operators, platforms and service providers.

What is Ofcom and where does its authority come from?

Ofcom (the Office of Communications) was established by the Office of Communications Act 2002 and took over from five predecessor regulators, including Oftel, the Independent Television Commission and the Radiocommunications Agency, on 29 December 2003. Its principal duties are set out in section 3 of the Communications Act 2003 (CA 2003): to further the interests of citizens in relation to communications matters, and to further the interests of consumers in relevant markets, where appropriate by promoting competition.

Ofcom’s regulatory principles require it to act transparently, proportionately and consistently. It must have regard to the desirability of promoting competition and encouraging investment and innovation (section 3(4) CA 2003). These duties shape every regulatory decision Ofcom makes, from setting conditions on telecoms providers to enforcing broadcasting standards.

What sectors does Ofcom regulate?

Ofcom regulates five principal sectors under UK law. Each has its own legislative framework, and the scope of Ofcom’s powers differs across them.

Telecommunications. Ofcom regulates all providers of electronic communications networks and services under Part 2 of the CA 2003. This covers fixed and mobile networks, broadband providers, internet service providers and business connectivity services. Providers must comply with Ofcom’s General Conditions of Entitlement, which impose obligations on matters including consumer contracts, complaints handling, number portability, access and interconnection, and emergency call provision. Where Ofcom identifies a provider with significant market power (SMP) following a market review, it can impose additional ex ante obligations including price controls, network access requirements and accounting separation. Bratby Law advises on the full range of Ofcom General Conditions and SMP regulation.

Broadcasting. Ofcom licenses and regulates television and radio broadcasters under the Broadcasting Acts 1990 and 1996 and Part 3 of the CA 2003. It sets and enforces the Broadcasting Code, which covers harm, offence, fairness, privacy, accuracy and impartiality. On-demand programme services fall under Part 4A of the CA 2003.

Postal services. Under the Postal Services Act 2011, Ofcom regulates the universal postal service and monitors Royal Mail’s performance against minimum service standards. It sets conditions on universal service providers and can impose financial penalties for non-compliance.

Spectrum management. Ofcom manages the UK’s radio spectrum under the Wireless Telegraphy Act 2006 (WTA 2006). It allocates, licenses and enforces spectrum use for mobile operators, satellite providers, emergency services and other wireless users. Unlicensed use of spectrum is a criminal offence under section 35 WTA 2006.

Online safety. The Online Safety Act 2023 (OSA 2023) gave Ofcom a new role as the UK’s online safety regulator. It requires providers of user-to-user services and search services to assess and mitigate risks of illegal content and, for the largest platforms, content harmful to children and adults. Ofcom is issuing codes of practice under the OSA 2023 and has begun enforcement action, including its investigation into X (formerly Twitter) in early 2026.

What are Ofcom’s enforcement powers?

Ofcom holds substantial enforcement powers across its regulatory remit. For breaches of conditions set under the CA 2003, the enforcement process follows sections 96A to 96C: Ofcom issues a notification of contravention (section 96A), allows a period for representations, and may then issue a confirmation decision (section 96C) requiring compliance and imposing a financial penalty. The maximum penalty is 10% of the provider’s relevant turnover, with additional penalties of up to GBP 20,000 per day for continuing contraventions.

Under the Telecommunications (Security) Act 2021 (TSA 2021), Ofcom has specific powers to enforce network security requirements against telecoms providers. Ofcom’s 2025 telecoms security report identified compliance gaps among major UK providers.

Under the OSA 2023, Ofcom can impose penalties of up to GBP 18 million or 10% of qualifying worldwide revenue (whichever is greater) on platforms that fail to comply with their safety duties. It also has power to apply to court for business disruption measures and, in the most serious cases, to require internet service providers to block access to non-compliant services.

For spectrum offences, Ofcom can prosecute under the WTA 2006. Unlicensed broadcasting and deliberate interference with wireless telegraphy are criminal offences carrying fines and, in some cases, imprisonment.

Ofcom publishes penalty guidelines and enforcement guidelines setting out its approach to investigations and sanctions.

How does Ofcom interact with other UK regulators?

Ofcom does not operate in isolation. It holds concurrent competition powers with the Competition and Markets Authority (CMA) in the communications sector and is a member of the Digital Regulation Cooperation Forum (DRCF) alongside the CMA, the Information Commissioner’s Office (ICO) and the Financial Conduct Authority (FCA). The DRCF coordinates regulatory approaches to digital markets, AI and online platforms.

In telecoms, Ofcom’s regulatory decisions interact closely with the Electronic Communications Code (Schedule 3A of the CA 2003), which governs the rights of network operators to install and maintain equipment on land. Code disputes are determined by the Upper Tribunal (Lands Chamber), not Ofcom, but Ofcom’s regulatory framework shapes the market context in which those disputes arise.

For data protection matters arising from communications services, Ofcom defers to the ICO. However, the two regulators cooperate on issues such as cookie consent under the Privacy and Electronic Communications Regulations 2003 (PECR), where Ofcom retains responsibility for nuisance calls and messages while the ICO enforces the privacy requirements.

What does this mean for businesses?

Any provider of electronic communications networks or services in the UK must comply with Ofcom’s General Conditions. This includes fixed and mobile operators, ISPs, VoIP providers, and businesses providing communications services as part of a broader offering. The obligations are not limited to large operators: smaller providers, MVNOs and resellers are equally subject to the General Conditions.

Platform operators now face a separate compliance track under the OSA 2023, with risk assessment duties, record-keeping requirements and Ofcom’s power to demand information under section 101 OSA 2023.

Ofcom’s Plan of Work 2026/27 signals continued focus on network investment incentives, the telecoms access review, online safety implementation and spectrum allocation. Businesses operating in regulated sectors should track these workstreams and assess their compliance position.

If you are unsure whether your business falls within Ofcom’s regulatory perimeter, Bratby Law can advise on whether you need to notify Ofcom before offering your product in the UK.

Links

Key primary sources referenced in this article:

Communications Act 2003 (legislation.gov.uk)

Online Safety Act 2023 (legislation.gov.uk)

Telecommunications (Security) Act 2021 (legislation.gov.uk)

Wireless Telegraphy Act 2006 (legislation.gov.uk)

Ofcom General Conditions of Entitlement (ofcom.org.uk)

Ofcom enforcement guidelines (ofcom.org.uk)

Get in touch

For advice on Ofcom compliance, General Conditions obligations, or regulatory risk for telecoms and platform businesses, contact Rob Bratby at Bratby Law.