Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Persistent misuse of network or service

Enforcement notifications for stopping persistent misuse
129
1
This section applies where—
a
a person (“the notified misuser”) has been given a notification under section 128;
b
OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may give the notified misuser an enforcement notification if they are satisfied—
a
that he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service; and
b
that he has not, since the giving of the notification, taken all such steps as OFCOM consider appropriate for—
i
securing that his misuse is brought to an end and is not repeated; and
ii
remedying the consequences of the notified misuse.
3
An enforcement notification is a notification which imposes a requirement on the notified misuser to take all such steps for—
a
securing that his misuse is brought to an end and is not repeated, and
b
remedying the consequences of the notified misuse,
as may be specified in the notification.
4
A decision of OFCOM to give an enforcement notification to a person must fix a reasonable period for the taking of the steps required by the notification.
5
It shall be the duty of a person to whom an enforcement notification has been given to comply with it.
6
That duty shall be enforceable in civil proceedings by OFCOM—
a
for an injunction;
b
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
c
for any other appropriate remedy or relief.
7
References in this section to remedying the consequences of misuse include references to paying an amount to a person—
a
by way of compensation for loss or damage suffered by that person; or
b
in respect of annoyance, inconvenience or anxiety to which he has been put.