Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Enforcement of conditions

Procedure for directions under ss. 100 and 101
102
1
Except in an urgent case, or a case where Condition A in section 100 is satisfied, 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—
a
in relation to a direction under section 100, such reasonable period as
OFCOM
may determine, and
b
in relation to a direction under section 101, a period 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.
3A
In relation to a direction under section 100 in an urgent case, as soon as practicable after the period allowed by
OFCOM
for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—
a
whether the contravention providing the grounds for the giving of the direction did occur; and
b
whether the circumstances made it an urgent case justifying the giving of the direction.
3B
The period of 3 months mentioned in subsection (3A) may be extended by up to 3 months if
OFCOM
—
a
require additional time to consider representations received; or
b
decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (3A).
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” means a person who is a communications provider or makes associated facilities available;
- “contravening supplier” has the same meaning as in section 101.
S. 102 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))
S. 102 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)
Words in s. 102(1) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 61(a) (with Sch. 3 paras. 2, 13)
S. 102(2) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 61(b) (with Sch. 3 paras. 2, 13)
S. 102(3A)(3B) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 61(c) (with Sch. 3 paras. 2, 13)
Words in s. 102(6) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 61(d) (with Sch. 3 paras. 2, 13)