What are Ofcom’s statutory requirements when it comes to spectrum management?
The Communications Act 2003 Act includes a statutory duty on Ofcom to secure the optimal use for wireless telegraphy of the electro-magnetic spectrum (section 3(2)(a)). Section 3 requires Ofcom to further the interests of citizens and consumers and secure the availability throughout the UK of a wide range of services (section 3(2)(b)). Section 4 requires Ofcom to fulfil the “six community requirements” set when managing the wireless spectrum in the UK . Of particular relevance are the following: • The requirement to promote competition (section 4(3)); • The requirement to act in a ’technology neutral’ way (section 4(6)); and • The requirement to encourage such compliance with international standards as is necessary for- (a) facilitating service interoperability; and (b) securing freedom of choice for the customers of communications providers. (section s4(9) and (10)) In addition to these general duties and considerations, section 154 of the 2003 Act sets out a number of specific duties
