Regulation 13 Resolution of disputes by OFCOM

(1)

OFCOM must—

(a)

consider a dispute referred to them under regulation 12; and

(b)

make a determination for resolving it.

(2)

Subject to paragraph (3), the determination must be made as soon as reasonably practicable, and, except in exceptional circumstances—

(a)

in the case of a dispute relating to a request under regulation 6, within a period of four months beginning with the date of receipt of the complete reference; or

(b)

in any other case, within a period of two months beginning with the date of receipt of the complete reference.

(3)

A “complete reference” is a reference which complies with the requirements imposed by OFCOM under regulation 12(6).

(4)

It is the duty of a network provider, infrastructure operator or rights holder to comply with OFCOM's determination.

(5)

That duty is enforceable in civil proceedings by OFCOM or a relevant person—

(a)

for an injunction;

(b)

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(c)

for any other appropriate remedy or relief.

(6)

A “relevant person” is a person who is or might be affected by a failure to comply with the duty.