Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Regulation of premium rate services

Enforcement of s. 120 conditions
123
1
Sections 94 to 96 apply in relation to a contravention of conditions set under section 120 as they apply in relation to a contravention of a condition set under section 45.
2
The amount of the penalty imposed under section 96 as applied by this section is to be such amount not exceeding £100,000 as OFCOM determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
3
In making that determination OFCOM must have regard to—
a
any representations made to them by the notified provider;
b
any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and
c
any steps taken by him for remedying the consequences of those contraventions.
4
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (2).
5
No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.