Digital Economy Act 2017

9 Penalties for contravention of wireless telegraphy licences

(1) The Wireless Telegraphy Act 2006 is amended as follows.

(2) In section 42 (special procedure for contraventions by multiplex licence holders), in subsection (1)—

(a) in paragraph (a), for “general multiplex” substitute “wireless telegraphy”, and

(b) omit paragraph (b).

(3) At the end of that section insert—

“(7) A contravention is a “relevant multiplex contravention” for the purposes of section 43 if—

(a) it is a contravention of terms, provisions or limitations of a general multiplex licence, and

(b) the contravention relates only to terms, provisions or limitations that fall within section 9(4)(b) or (c).”

(4) In the heading of that section, for “multiplex licence holders” substitute “holders of wireless telegraphy licences”.

(5) In section 43 (amount of penalty under section 42), in subsection (1), after “section 42” insert “for a relevant multiplex contravention (see subsection (7) of that section)”.

(6) In that section, after subsection (2) insert—

“(2A) The amount of a penalty imposed under section 42 for a contravention that is not a relevant multiplex contravention 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.”

(7) In that section, in subsection (3), for “subsection (2)” substitute “this section”.

(8) Omit section 43A.

(9) In section 44 (relevant amount of gross revenue), in subsections (1) and (10), omit “or 43A”.

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

(11) In Schedule 8 to that Act (decisions not subject to appeal), at the end of paragraph 44 insert “for a relevant multiplex contravention”.

(12) Omit section 39 of the Digital Economy Act 2010.

(13) The amendments and repeals made by this section do not apply in relation to—

(a) any contravention which takes place before the day on which this section comes into force, or

(b) any continuing contravention which began before that day.