Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Enforcement of conditions

Suspending service provision for contraventions of conditions
100
1
OFCOM
may give a direction under this section to a person where—
a
either Condition A or Condition B is satisfied in relation to the person; and
b
the giving of a direction is appropriate and proportionate to the contravention in respect of which it is imposed.
1A
Condition A is that—
a
the person is in serious contravention of a condition set under section 45, other than
SMP
apparatus conditions; and
b
the proposed direction has been notified to the person under section 96A and confirmed by a confirmation decision under section 96C.
1B
Condition B is that—
a
the person has repeatedly contravened a condition set under section 45, other than
SMP
apparatus conditions; and
b
an attempt, by the imposition of penalties or the giving of notifications under section 96A and confirmation decisions under section 96C, or both, to secure compliance with the contravened conditions has failed.
1C
Where Condition A is satisfied, a direction under this section is given where
OFCOM
give a confirmation decision under section 96C to the person in respect of a direction proposed in a notification under section 96A.
1D
Where Condition B is satisfied, a direction under this section is to be given in accordance with the procedure set out in section 102.
2
A direction under this section is—
a
a direction that the entitlement of the person 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
b
a direction that that entitlement is restricted in the respects set out in the direction.
3
A direction under this section—
a
must specify the networks, services and facilities to which it relates; and
b
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.
4
A direction under this section—
a
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
b
in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the person as appear to OFCOM to be appropriate for the purpose of protecting that provider’s customers.
5
Those conditions may include a condition requiring the making of payments—
a
by way of compensation for loss or damage suffered by the person ’s customers as a result of the direction; or
b
in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.
6
If OFCOM consider it appropriate to do so (whether or not in consequence of representations or proposals made to them), they may revoke a direction under this section or modify its conditions—
a
with effect from such time as they may direct;
b
subject to compliance with such requirements as they may specify; and
c
to such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine.
7
For the purposes of this section there are repeated contraventions by a person of conditions set under section 45 to the extent that—
a
in the case of a previous notification of a contravention given to that person under section 96A,
OFCOM
have given a confirmation decision to that person under section 96C(2) in respect of the contravention;
b
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 a condition under section 45;
c
the previous confirmation decision and the subsequent ones all relate to contraventions of the same condition (whether the same contravention or different contraventions).
8
This section applies in relation to a commitment that is made binding by a commitments decision as it applies in relation to a condition set under section 45, other than an SMP apparatus condition.
Words in s. 100(7)(c) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(c)(iii) (with Sch. 3 paras. 2, 13)
S. 100(7)(a) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(c)(i) (with Sch. 3 paras. 2, 13)
S. 100(8) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 49
S. 100 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
Word in s. 100(4)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(b) (with Sch. 3 paras. 2, 13)
S. 100 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
Word in s. 100(2)(a) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(b) (with Sch. 3 paras. 2, 13)
S. 100(7)(b) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(c)(ii) (with Sch. 3 paras. 2, 13)
Word in s. 100(5)(a) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(b) (with Sch. 3 paras. 2, 13)
S. 100(1)-(1D) substituted for s. 100(1) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 59(a) (with Sch. 3 paras. 2, 13, 14)