The Mobile Roaming (European Communities) Regulations 2007

Penalties for breach

4.—(1) This regulation applies where—

(a) a person (the “notified provider”) has been given a notification under regulation 3;

(b) OFCOM have allowed the notified provider a reasonable period for making representations about the matters notified; and

(c) the period allowed for the making of the representations has expired.

(2) OFCOM may impose a penalty on the notified provider if he has, in one or more of the respects notified, been in breach of an obligation under the EU Mobile Roaming Regulation or regulation 13 of these Regulations.

(3) Where a notification under regulation 3 relates to more than one breach, a separate penalty may be imposed in respect of each breach.

(4) Where such a notification relates to a continuing breach, no more than one penalty may be imposed in respect of the period of breach specified in the notification.

(5) Where OFCOM impose a penalty on a person under this regulation, they shall—

(a) within one week of making their decision to impose the penalty, 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.

(6) 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.