The UK regulatory framework for telecommunications

Produced in partnership with David Stewart of Towerhouse LLP
Practice notes

The UK regulatory framework for telecommunications

Produced in partnership with David Stewart of Towerhouse LLP

Practice notes
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This Practice Note sets out the UK’s regulatory framework for electronic communications, also known as telecommunications (telecoms), addressing the question of which services are regulated and, if so, what regulation applies. In the UK, the regulatory regime is primarily based on the Communications Act 2003 (CA 2003), the wireless telegraphy Act 2006 (WTA 2006), ofcom’s General Conditions of Entitlement, and Ofcom’s associated regulatory functions and powers. This Practice Note sets out these key elements of regulation and explains how and when they apply.

Other regulatory regimes may impact the telecoms industry, including general consumer and competition law regulation.

However, the focus of this Practice Note is the telecoms regulatory regime. For general guidance on other regimes mentioned above, see:

  1. UK competition regime—overview

  2. Data protection regime—overview

  3. Cybersecurity, threats and risk management—overview

  4. Consumer remedies and enforcement—overview

Summary of the regulatory framework

CA 2003 implemented in the UK several EU laws which were designed to harmonise telecoms regulation across the EU. It also acts as the source for Ofcom’s powers, granting authority

David Stewart
David Stewart

Partner, Towerhouse LLP


David Stewart joined Towerhouse LLP as a partner in July 2013. David is a competition and regulatory lawyer with a career-long specialisation in regulated sectors, with particular experience in communications. David was previously a Competition Policy Director at Ofcom, the UK's converged communications regulator, leading Ofcom's programme of fixed and mobile telecoms market reviews, including Ofcom's advisory role in mergers in the sector. He also served as Ofcom's Director of Investigations, leading the UK's largest competition law enforcement programme at an economic regulator, and responsible for enforcing consumer law and regulatory rules and resolving access and interconnection disputes. He held a governance role in relation to Ofcom's work on competition in broadcasting markets (including pay TV), spectrum clearance and awards, consumer policy, internet policy and enforcement. He was also involved in Ofcom's engagement in European and international regulatory issues, regularly representing Ofcom in dealings with other national regulatory agencies and with the European Commission. Prior to joining Ofcom, David was Director of Public Policy and Regulatory Affairs at Energis (a top 3 UK telecoms operator) and Director of Legal and Regulatory Affairs for the international division of Cable & Wireless (then a multi-national FTSE100 company), advising the incumbent national telcos in 31 countries. He was previously a lawyer in private practice with Gilbert & Tobin and Minter Ellison. David qualified in science (molecular genetics/zoology) and law.

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Jurisdiction(s):
United Kingdom
Key definition:
Wireless telegraphy definition
What does Wireless telegraphy mean?

The emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of electromagnetic energy of a frequency not exceeding 3,000 gigahertz that: • serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus, or • is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects

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