Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Electronic communications code
I2I1C1110Enforcement of restrictions and conditions
1
Where OFCOM determine that there are reasonable grounds for believing that a person in whose case the electronic communications code applies is contravening, or has contravened, a requirement imposed by virtue of any restrictions or conditions under section 109, they may give him a notification under this section.
2
A notification under this section is one which—
a
sets out the determination made by OFCOM;
b
specifies the requirement and the contravention in respect of which that determination has been made; F2...
F1c
specifies the period during which the person notified has an opportunity to make representations;
d
specifies the steps that OFCOM think should be taken by the person in order to—
i
comply with the requirement;
ii
remedy the consequences of the contravention;
e
specifies any penalty which OFCOM are minded to impose in accordance with section 110A; and
f
where the contravention is serious, specifies any direction which OFCOM are minded to give under section 113(4).
F43
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F44
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F45
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F46
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F47
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8
A notification under this section—
a
may be given in respect of more than one contravention; and
b
if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
9
Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—
a
the contravention is one occurring after the time of the giving of the earlier notification;
b
the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
c
the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
F310
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