Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Electronic communications code

C1111BF1Confirmation of direction under section 111A

1

As soon as reasonably practicable after giving a direction under section 111A(3), OFCOM must give the person to whom it is given—

a

an opportunity to make representations to them about the grounds on which it was given and its effect; and

b

an opportunity to propose steps to remedy the situation.

2

As soon as practicable after the period allowed by OFCOM for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—

a

whether the contravention providing the grounds for the giving of the direction did occur; and

b

whether the circumstances made it an urgent case justifying the giving of the direction.

3

The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if OFCOM

a

require additional time to consider representations received; or

b

decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).

4

If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

5

If not, they must exercise their power to revoke it.

6

As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.