a communications provider;

a person who has been a communications provider;

a person who makes, or has made, any associated facilities available to others;

a person, other than a communications provider, to whom a universal service condition applies or has applied;

a person who supplies electronic communications apparatus;

a person not falling within the preceding paragraphs who appears to OFCOM to have information required by them for the purpose of carrying out their functions under this Chapter.

ascertaining whether a contravention of a condition or other requirement set or imposed by or under this Chapter has occurred or is occurring;

ascertaining or verifying the charges payable by a person under section 38;

ascertaining whether a provision of a condition set under section 45 which is for the time being in force continues to be effective for the purpose for which it was made;

ascertaining or verifying amounts payable by virtue of a condition falling within section 51(1)(d);

making a designation in accordance with regulations made under section 66;

carrying out a review under section 66 or 70;

identifying markets and carrying out market analyses in accordance with, or for the purposes of, any provision of this Chapter;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

considering a matter in exercise of that duty;

preparing a report under section 124F;

carrying out an assessment, taking steps or providing a report under section 124G;

preparing a report under section 134A;

preparing a report under section 134C;

assessing the security of a public electronic communications network or a public electronic communications service;

assessing the availability of a public electronic communications network;

identifying electronic communications apparatus that is suitable for shared use;

statistical purposes connected with the carrying out of any of OFCOM’s functions under this Chapter.

information concerning future developments of an electronic communications network or electronic communications service that could have an impact on the wholesale services made available by the person to competitors, and

if a market power determination made in relation to a wholesale market is in force in the person’s case, accounting data relating to any retail market associated with the wholesale market.

a communications provider, or

a person who makes associated facilities available to others,

with a view to publication, and

in the interest of the end-users of public electronic communications services,

a communications provider, or

a person who makes associated facilities available to others,

the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint;

the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not the general condition in question has been complied with;

the condition in question is one which OFCOM have reason to suspect is one that has been or is being contravened; F8...

the condition in question is one falling within section 51(1)(d)F9; or

the condition in question is one relating to the effective and efficient use of telephone numbers.

the requirement is imposed for the purpose of investigating a matter about which OFCOM have received a complaint;

the requirement is imposed for the purposes of an investigation that OFCOM have decided to carry out into whether or not an obligation under section 105A has been complied with; or

OFCOM have reason to suspect that an obligation under section 105A has been or is being contravened.

by a demand for the information that describes the required information and sets out OFCOM’s reasons for requiring it; and

where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of OFCOM’s functions.

be made by being published in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who are described in the demand as the persons from whom the information is required; and

take the form of a general demand for a person so described to provide information when specified conditions relevant to his liability to such charges are satisfied in his case.

sets out the determination made by OFCOM;

specifies the requirement and contravention in respect of which that determination has been made; F11...

specifies the period during which the person notified has an opportunity to make representations;

specifies the information to be provided by the person to OFCOM in order to comply with a requirement under section 135 or 136;

specifies any penalty which OFCOM are minded to impose in accordance with section 139; and

where the contravention is serious, specifies any direction which OFCOM are minded to give under section 140.

may be given in respect of more than one contravention; and

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

the contravention is one occurring after the time of the giving of the earlier notification;

the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

no proceedings for an offence under section 144 have been brought against the notified person in respect of the contravention.

the giving of a confirmation decision under section 139A(4)(c) which requires immediate action; or

the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

appropriate; and

proportionate to the contravention in respect of which it is imposed.

appropriate; and

proportionate to the contravention in respect of which it is imposed.

a person has been given a notification under section 138;

OFCOM have allowed the person an opportunity to make representations about the matters notified; and

the period allowed for the making of representations has expired.

give the person a decision (a “confirmation decision”) confirming the imposition of requirements on the person, or the giving of a direction to the person, or both, in accordance with the notification under section 138; or

inform the person that they are satisfied with the person’s representations and that no further action will be taken.

must be given to the person without delay;

must include reasons for the decision;

may require immediate action by the person to comply with a requirement notified under section 138(2)(d), or may specify a period within which the person must comply with the requirement; and

for an injunction;

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

for any other appropriate remedy or relief.

must be paid to OFCOM; and

if not paid within the period specified by them, is to be recoverable by them accordingly.

that they are entitled to give a notification under section 138 with respect to a contravention by a person (“P”) of a requirement imposed under section 135 or 136;

that there are reasonable grounds for suspecting that the case is an urgent case; and

that the urgency of the case makes it appropriate for OFCOM to take action under this section.

a serious threat to the safety of the public, to public health or to national security;

serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or

serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.

that the entitlement of P to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); or

that that entitlement is restricted in the respects set out in the direction.

an opportunity to make representations to them about the grounds on which it was given and its effect; and

an opportunity to propose steps to remedy the situation.

whether the contravention providing the grounds for the giving of the direction did occur; and

whether the circumstances made it an urgent case justifying the giving of the direction.

require additional time to consider representations received; or

decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).

that he is or has been in F24serious or repeated contravention of requirements imposed under sections 135 and 136, or either of them;

the requirements are not requirements imposed for purposes connected with the carrying out of OFCOM’s functions in relation to SMP apparatus conditions;

F25in the case of a repeated contravention, that an attempt, by the imposition of penalties F26or the giving of notifications under section 138 and confirmation decisions under section 139A, or both, or the bringing of proceedings for an offence under section 144, to secure compliance with the contravened requirements has failed; and

that the giving of the direction is appropriate and proportionate to the contravention in respect of which it is given.

a direction that the entitlement of the contravening provider to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); or

a direction that that entitlement is restricted in the respects set out in the direction.

must specify the networks, services and facilities to which it relates; and

except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.

in providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and

in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening provider as appear to OFCOM to be appropriate for the purpose of protecting that provider’s customers.

by way of compensation for loss or damage suffered by the contravening provider’s customers as a result of the direction; or

in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.

with effect from such time as they may direct;

subject to compliance with such requirements as they may specify; and

to such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine.

in the case of a previous notification of a contravention given to that person under section 138, OFCOM have given a confirmation decision to that person under section 139A(2) in respect of the contravention; and

in the period of 24 months following the giving of that confirmation decision, one or more further confirmation decisions have been given to the person in respect of contraventions of numbering conditions;

that he is or has been in serious and repeated contravention of requirements imposed under section 135;

that an attempt, by the imposition of penalties under section 139 or the bringing of proceedings for an offence under section 144, to secure compliance with the contravened requirements has failed; and

that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions.

a direction to the contravening supplier to cease to act as a supplier of electronic communications apparatus (either generally or in relation to apparatus of a particular description); or

a direction imposing such restrictions as may be set out in the direction on the supply by that supplier of electronic communications apparatus (either generally or in relation to apparatus of a particular description).

may provide for a prohibition or restriction to take effect only at a time determined by or in accordance with the terms of the direction; and

in connection with a prohibition or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening supplier as appear to OFCOM to be appropriate for the purpose of protecting that supplier’s customers.

by way of compensation for loss or damage suffered by the contravening supplier’s customers as a result of the direction; or

in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.

with effect from such time as they may direct;

subject to compliance with such requirements as they may specify; and

to such extent and in relation to such apparatus or descriptions of apparatus as they may determine.

in the case of a previous notification given to that person under section 138, OFCOM have determined for the purposes of section 139(2) that such a contravention did occur; and

in the period of twelve months following the day of the making of that determination, one or more further notifications have been given to that person in respect of contraventions of such requirements;

notified the contravening provider or contravening supplier of the proposed direction and of the conditions (if any) which they are proposing to impose by that direction;

provided him with an opportunity of making representations about the proposals and of proposing steps for remedying the situation; and

considered every representation and proposal made to them during the period allowed by them for the contravening provider or the contravening supplier to take advantage of that opportunity.

in relation to a direction under section 140, such reasonable period as OFCOM may determine, and

in relation to a direction under section 141, a period ending not less than one month after the day of the giving of the notification.

making representations about the effect of the direction and of any of its conditions; and

proposing steps for remedying the situation.

whether the contravention providing the grounds for the giving of the direction did occur; and

whether the circumstances made it an urgent case justifying the giving of the direction.

require additional time to consider representations received; or

decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).

consider that it would be inappropriate, because the contraventions in question fall within subsection (5), to allow time, before giving a direction under section 140 or 141, for the making and consideration of representations; and

decide for that reason to act in accordance with subsection (3), instead of subsection (1).

a serious threat to the safety of the public, to public health or to national security;

serious economic or operational problems for persons (apart from the contravening provider or contravening supplier) who are communications providers or persons who make associated facilities available; or

serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.

while his entitlement to do so is suspended by a direction under section 140; or

in contravention of a restriction contained in such a direction.

while prohibited from doing so by a direction under section 141; or

in contravention of a restriction contained in such a direction.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but

that he has taken all reasonable steps to provide the required information after the end of that period.

in pursuance of any requirement under section 135 or 136, he provides any information that is false in any material particular; and

at the time he provides it, he either knows it to be false or is reckless as to whether or not it is false.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

OFCOM have given the person a notification under section 138 in respect of that contravention;

the notification required the person to provide information, a confirmation decision has been given under section 139A in respect of that requirement and the period allowed under that decision has expired without the required information having been provided; and

OFCOM have not imposed a financial penalty under section 139 in respect of that contravention.

the exercise of their powers under sections 135 to 136; and

the uses to which they are proposing to put information obtained under those sections.

to notify the person whether or not a notification is required to be submitted by him under section 33;

to notify the person whether a notification submitted by him for the purposes of that section satisfies the requirements of this Chapter;

to provide the person with such information about his rights as may be necessary for the purpose of facilitating the negotiation by him of his right to network access; or

to provide the person with such information as they consider necessary to enable the applicant to apply for a direction under section 106 to be made in his case.