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, 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.