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The Communications (Access to Infrastructure) Regulations 2016

The Communications (Access to Infrastructure) Regulations 2016 reg 13

reg 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.

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