This statement sets out Ofcom’s general policy regarding its use of the statutory information gathering powers contained in sections 135 and 136 of the Communications Act 2003 (“the 2003 Act”) and section 13A of the Wireless Telegraphy Act 1949 (“the 1949 Act”).
The policy set out in this document is intended to achieve two main goals. First, to fulfil Ofcom’s obligations under section 145 of the Communications Act and section 13B of the Wireless Telegraphy Act to prepare and publish a statement of general policy with respect to:
(a) the exercise of powers under sections 135 and 136 of the 2003 Act and section 13A of the 1949 Act; and
(b) the uses to which it proposes to put information obtained under those sections.
Second, to provide clarity to stakeholders as to how and when Ofcom will use its statutory powers to require the provision of information and when it will instead informally request that information be provided.
This document sets out Ofcom’s general policy on the use of its statutory information gathering powers. Where appropriate, Ofcom reserves the right to deviate from this general policy. Where it does deviate from this general policy, Ofcom will set out its reasoning for doing so.
