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AN INTRODUCTION TO

THE COMMUNICATIONS ACT

Contents

INTRODUCTION & BACKGROUND

The Communications Act was a long time coming. Let us forget about the Green Paper of July 1998 which took the view that structural change was not necessary.

First there was a White Paper (December 2000); then there was a draft Communications Bill (May 2002); next there was a Joint Committee on the draft Bill (which reported in July 2002); then there was a revised Bill; and finally there was the passage of the Bill through the two Houses of Parliament. The Parliamentary passage was a laborious affair - especially in the Lords, where the Bill was subject to some criticism and amendment - involving 26 sessions of the Commons Standing Committee and in total 17 days of Parliamentary business representing some 300 hours of debate and more than 500 amendments. Meanwhile there were more than 300 stakeholder submissions.

In the end, the Bill received Royal Assent on 17 July 2003 and the Office of Communications (Ofcom), established by the Bill, took full powers in December 2003 - so the whole process took three years.

However, it is difficult to over-estimate the importance of the industries - broadcasting and telecommunications - that are the subject of this legislation. Our telecommunications infrastructure is a critical feature in the international competitiveness of the country, while our radio and television services define the cultural identity of the nation. Both industries are at the heart of an enabled, educated and informed citizenry and together the industries generate some £45 billion of revenues.

MAIN THEMES

The Communications Act 2003 is a formidable piece of legislation: 411 Sections and 19 Schedules running to 590 pages. It actually weighs in at 3 lb or 1,350 grams. The Explanatory Notes run to another 235 pages.

Essentially the legislation covers the whole of teelcommunications and broadcasting in the UK (although broadly the BBC is outside the scope of the Act) plus newspaper mergers and acquisitioins (but not press content). The Internet is covered in so far as service is provided by telecommunications networks, but Internet content is outside the ambit of the Act. There are two broad themes to the legislation:

  1. To make regulation more converged - so the Act brings together the regulation of telecommunications and broadcasting as previously carried out by five different regulators into one new regulator Ofcom;
  2. To make regulation more 'light touch' - so the Act is less restrictive on media ownership, requires reviews of the need for regulation, and encourages moves to self-regulation.

As regards media ownership, the following relaxations were introduced:

OVERALL STRUCTURE

The basic structure of the Act is as follows:

Part 1 - Functions Of Ofcom

Part 2 - Networks, Services And The Radio Spectrum Part 3 - Television And Radio Services Part 4 - Licensing Of Television Reception Part 5 - Competition In Communications Markets Part 6 - Miscellaneous And Supplemental Provisions No less than 78 Sections - listed in the Ofcom booklet "How Will Ofcom Consult?" - make reference to the need to consult.

OTHER LEGISLATION

Many pieces of legislation inter-act with other pieces of legilsation and this is the case with the Communications Act 2003. There are no less than nine other statutes which Ofcom needs to take into account:

ROGER DARLINGTON

Last modified on 17 February 2004

Links:
Full text of Communications Act click here
"An Introduction To Ofcom" click here
"An Introduction To The Ofcom Consumer Panel" click here
Ofcom web site click here
Ofcom Consumer Panel web site click here
Ofcomwatch weblog click here
CommsWatch weblog click here

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