Digital Economy Act 2010

39 Enforcement of licence terms etc

(1) In Chapter 4 of Part 2 of the Wireless Telegraphy Act 2006 (enforcement of regulation of radio spectrum) after section 43 insert—

“43A Special procedure for contraventions of certain provisions

(1) OFCOM may impose a penalty on a person if—

(a) that person is or has been in contravention in any respect of a provision, term or limitation of a wireless telegraphy licence;

(b) OFCOM have notified that person that it appears to them that the provision, term or limitation has been contravened in that respect;

(c) this section applies to that contravention by virtue of provision included in the licence; and

(d) that contravention is not one in respect of which proceedings for an offence under this Chapter have been brought against that person.

(2) A licence may provide in accordance with subsection (1)(c) that this section applies to the contravention of a provision, term or limitation only if it appears to OFCOM that a direction under section 5 requires the provision, term or limitation to be included in the licence.

(3) Where OFCOM impose a penalty on a person under this section, they must—

(a) notify that person of that decision and of their reasons for that decision; and

(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

(4) A penalty imposed under this section—

(a) must be paid to OFCOM; and

(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.

(5) No proceedings for an offence under this Chapter may be commenced against a person in respect of a contravention in respect of which a penalty has been imposed by OFCOM under this section.

(6) The amount of a penalty imposed under this section is to be such amount not exceeding 10 per cent of the relevant amount of gross revenue as OFCOM think—

(a) appropriate; and

(b) proportionate to the contravention in respect of which it is imposed.”

(2) In section 44 of that Act (relevant amount of gross revenue), in subsections (1) and (10), after “43” insert “or 43A”.

(3) In section 400 of the Communications Act 2003 (destination of licence fees and penalties), in subsection (1)(d), after “42” insert “or 43A”.