Part 2Regulation of radio spectrum
Chapter 3Management of radio spectrum
Statistical information
33Failure to provide information etc
1
A person commits an offence if he fails to provide information in accordance with a requirement of OFCOM under section 32F1or 32A.
2
In proceedings against a person for an offence under subsection (1) it is a defence for the person to show—
a
that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but
b
that he has taken all reasonable steps to provide the required information after the end of that period.
3
A person who commits an offence under subsection (1) is liable on summary conviction to
F2a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
4
A person commits an offence if—
a
in pursuance of a requirement under section 32F3or 32A, he provides information that is false in any material particular; and
b
at the time he provides it, he knows it to be false or is reckless as to whether or not it is false.
5
A person who commits an offence under subsection (4) is liable on summary conviction to
F4a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine, or to both.
F56
Proceedings for an offence under this section may be brought in respect of a contravention by a person of a requirement imposed under section 32A only if OFCOM have not imposed a financial penalty under sections 32C and 32E in respect of that contravention.