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Communications Act 2003

Section 175: Special procedure for contraventions by multiplex licence holders

385.This section gives OFCOM a power to impose fines for breach of terms, provisions or limitations falling within new section 1(2A)(b) or (c) of the Wireless Telegraphy Act 1949 (terms, provisions and limitations about service content) inserted by section 165. OFCOM may impose a fine under this section where they have notified the general multiplex licensee of their belief that he is in breach of the licence condition in question, provided that criminal proceedings have not already been commenced under the Wireless Telegraphy Act 1949 against that licensee in respect of that alleged breach. Once a fine has been imposed by OFCOM, subsection (4) provides that no criminal proceedings may be brought under the 1949 Act for that breach.

  • *a general multiplex licence is defined in subsection (5) as a wireless telegraphy licence issued for the purposes of a multiplex service, when no licence under the Broadcasting Act 1996 is held in respect of that multiplex service.

  • *multiplex service is defined in subsection (6) as a service broadcast for general reception which provides, or is capable of providing, two or more digital services.

386.OFCOM must notify a general multiplex licensee on whom they decide to impose a fine, giving the reasons for their decision and allowing a reasonable period within which the fine must be paid.

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