Article 55 Requirements to provide information to OFCOM

(1)

OFCOM may require a PRS provider to provide them with all such information as OFCOM consider necessary for the purpose of carrying out their functions under or by virtue of this Order.

(2)

The information that may be required by OFCOM under paragraph (1) includes, in particular, information that they require for any one or more of the following purposes—

(a)

ascertaining whether a contravention of a requirement imposed by this Order has occurred or is occurring,

(b)

ascertaining or verifying the charges payable by a person under Part 3, and

(c)

assessing the results of relevant security testing completed by intermediaries pursuant to article 21.

(3)

For the purposes of paragraph (1), OFCOM may, in particular, require the PRS provider to—

(a)

collect or retain any information that the PRS provider would not otherwise collect or retain,

(b)

process, collate or analyse any information held by the PRS provider, or

(c)

answer any questions.

(4)

A PRS provider required to provide information under paragraph (1) must provide it in such manner and form, and within such reasonable period, as may be specified by OFCOM.

(5)

OFCOM are not to require the provision of information under paragraph (1) except—

(a)

by a demand for the information that describes the required information and sets out OFCOM’s reasons for requiring it, and

(b)

where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of OFCOM’s functions under or by virtue of this Order.

(6)

Except in the case of a demand made in the manner authorised by paragraph (7), a demand for information under paragraph (1) must be contained in a notice served on the PRS provider from whom the information is required.

(7)

In the case of information required by OFCOM for the purpose of ascertaining who is liable to pay the charges under Part 3, the demand may—

(a)

be made by being published in such a manner as OFCOM consider appropriate for bringing it to the attention of the liable network operators who are described in the demand as being the persons from whom the information is required, and

(b)

take the form of a general demand for a liable network operator to provide information when specified conditions relevant to the liable network operator’s liability to such charges under Part 3 are satisfied in that operator’s case.

(8)

In this article, “liable network operators” has the meaning given in article 14(7).