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 who is a communications provider or makes associated facilities available (“the contravening provider”) if they are satisfied—
a
that he is or has been in serious and repeated contravention of conditions set under section 45, other than an SMP apparatus condition;
b
that an attempt, by the imposition of penalties or the giving of enforcement notifications under section 95 or both, to secure compliance with the contravened conditions has failed; and
c
that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions.
2
A direction under this section is—
a
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
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 contravening provider 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 contravening provider’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 given to that person under section section 94, OFCOM have determined for the purposes of section 95(2) or 96(2) that such a contravention did occur;
b
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 a condition set under section 45; and
c
the previous notification and the subsequent ones all relate to contraventions of the same condition (whether the same contravention or different contraventions).