(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.]
Textual Amendments
F1S. 43A inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 39(1), 47(1)