Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Enforcement of conditions

I1I2102Procedure for directions under ss. 100 and 101

1

Except in an urgent case, OFCOM are not to give a direction under section 100 or 101 unless they have—

a

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;

b

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

c

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.

2

That period must be one ending not less than one month after the day of the giving of the notification.

3

As soon as practicable after giving a direction under section 100 or 101 in an urgent case, OFCOM must, provide the contravening provider or contravening supplier with an opportunity of—

a

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

b

proposing steps for remedying the situation.

4

A case is an urgent case for the purposes of this section if OFCOM—

a

consider that it would be inappropriate, because the contraventions in question fall within subsection (5), to allow time, before giving a direction under section 100 or 101, for the making and consideration of representations; and

b

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

5

The contraventions fall within this subsection if they have resulted in, or create an immediate risk of—

a

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

b

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

c

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

6

In this section—

  • “contravening provider” has the same meaning as in section 100; and

  • “contravening supplier” has the same meaning as in section 101.