UK digital regulatory outlook for 2026 -Telecoms, Online Safety, Spectrum and Space

Contacts

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Rory Coutts

Associate
UK

I am an associate in our Commercial and Data Protection groups, advising on commercial and regulatory matters in the technology and communications sector.

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Anthony Rosen

Legal Director
UK

I am a legal director at Bird & Bird with a core focus on Technology & Communications. I enjoy supporting clients on the global challenges facing the digital and communications sector as well as other regulated industries building on my significant telecommunications regulatory and competition law experience.

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Hayley Blyth

Associate
UK

I am an associate in our Commercial Group in London and I advise clients in the technology and communications sector, with particular expertise in the space and satellite sector.

Over the last year we have seen Ofcom, the UK communications regulator, focus on its core areas of responsibility covering online safety, telecoms, spectrum, space, and digital inclusion (alongside post).  Looking ahead to 2026, more of the same is expected, and this article considers Ofcom’s key priorities across these areas and its proposed plan of work for 2026/27.

Telecoms

  • Telecoms Access Review (“TAR”): In March 2026 Ofcom is expected to publish its final decision on a new regulatory framework for fixed data connectivity services that will apply from April 2026 to March 2031. The TAR will set frameworks for physical infrastructure access (duct and pole access), wholesale local access (e.g. remedies covering wholesale fibre-based services), leased lines access (for business connectivity) and inter-exchange connectivity. Alongside the TAR statement, will be a further consultation on more detailed proposals of the copper retirement regulatory framework. A full decision is expected in autumn 2026. 
     
  • Scam calls and texts: This remains a key enforcement area and Ofcom has an ongoing consultation on measures to combat scam texts. This includes a range of proposals, including that application to person (A2P) and person to person (P2P) messaging operators set volume limits, block numbers used by scammers, identify and block scam messages in transit based on reports from customers and third parties, KYC checks during customer onboarding, blocking certain sender IDs, and ‘Know your Traffic’ checks. A statement is expected in 2026. 
     
  • Telecoms Security and Cybersecurity: Over the past two years Ofcom has been busy monitoring the implementation of the UK’s strengthened telecoms security regime set out in the Communications Act 2003 (as amended by the Telecoms Security Act). Ofcom is expected to continue to track industry compliance and further information requests on operators are expected and it remains to be seen if Ofcom will kick off any enforcement action. In addition, Ofcom will prepare for anticipated new cyber duties flowing from the Cyber Security and Resilience Bill, which will extend Ofcom’s cybersecurity oversight role to data centres. 
     
  • Spectrum: Ofcom is expected to publish a statement setting out its decisions for making the upper block of the 1.4 GHz band available for mobile use before the end of FY 2025/26. Ofcom is also due to provide further views on the use of the upper 6GHz band and whether to make this available for mobile use as well as Wi-Fi.  Separately, Ofcom will consider whether spectrum sharing could improve connectivity in rural locations. In addition, Ofcom will begin a multiyear cross-sectoral review of current use and future demand for spectrum below 1 GHz, including Digital Terrestrial TV (DTT), mobile, utilities and other critical national infrastructure.

 

Space & satellites

  • Spectrum regulation for space-based services: Ofcom is set to progress its review in 2026, with a strong focus on enabling direct-to-device (D2D) satellite connectivity. Expected changes include updates to mobile operator licence conditions and exemptions allowing standard smartphones to connect to satellite networks, positioning the UK as an early mover in Europe. Ofcom is also due to publish decisions on additional Ka and Ku band spectrum for aeronautical and maritime satellite broadband and is considering its future approach to authorisations in the 2 GHz MSS band, alongside the EU’s ongoing review of this band.
     
  • Broader space regulation review: Running in parallel, the UK’s wider review of space regulation aims to deliver a more agile, innovation-friendly framework for satellite and space activities. This is expected to streamline licensing and support emerging technologies, reinforcing the UK’s ambition to remain competitive in the global space economy.

 

Online safety

  • Categorised services: The Online Safety Act applies heightened online safety obligations for user to user and search services that exceed certain thresholds. Following a legal challenge, Ofcom has adjusted its plans to allow for representations from services that may be categorised. This has meant that publication of a register of categorised services and additional duties that would apply to those services have been delayed – a consultation on the additional duties is expected from Q2 2026-2027.
     
  • Updated duties: Ofcom has finished a consultation on additional duties for services to protect against illegal harms and content harmful to children. A statement with updated duties for services in scope is expected Q3 2026. 
     
  • Age assurance: Ofcom will continue to monitor whether age assurance used by operators of adult sites remain ‘highly effective’ per the OSA. Ofcom will publish a report by the end of July 2026 assessing how services as a whole have used age assurance and its effectiveness.
     
  • Updated risk assessments: Service providers will be required to send their second (year two) illegal harms and children’s risk assessment records on request in Q1 2026/27. Ofcom recently published its findings from the first set of risk assessments that it has reviewed during its enforcement programme, and set out areas of improvement it expects going forward. 
     
  • Fees: The OSA’s fees regime is expected to be fully operational, with invoices for the 2026/27 financial year expected to be issued in Q3.
     
  • Technology notices: Ofcom has powers to make a provider use a specific technology to tackle terrorism and/or Child Sexual Exploitation and Abuse (CSEA) content. For CSEA content, this extends to private communications and can be issued via a technology notice. Ofcom is required by the OSA to provide advice to the DSIT Secretary of State on such minimum standards for issuing such notices. The advice and guidance for operators are expected in Q1 2026. 

For more information please contact Rory Coutts, Anthony Rosen and Hayley Blyth.

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