Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Persistent misuse of network or service

Penalties for persistent misuse
130
1
This section applies (in addition to section 129) 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 impose a penalty on the notified misuser if he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service.
3
OFCOM may also impose a penalty on the notified misuser if he has contravened a requirement of an enforcement notification given in respect of the notified misuse.
4
The amount of a penalty imposed is to be such amount not exceeding £5,000 as OFCOM determine to be—
a
appropriate; and
b
proportionate to the misuse in respect of which it is imposed.
5
In making that determination OFCOM must have regard to—
a
any representations made to them by the notified misuser;
b
any steps taken by him for securing that his misuse is brought to an end and is not repeated; and
c
any steps taken by him for remedying the consequences of the notified misuse.
6
Where OFCOM impose a penalty on a person under this section, they shall—
a
notify the person penalised; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
7
A penalty imposed under this section—
a
must be paid to OFCOM; and
b
if not paid within the period fixed by them, is to be recoverable by them accordingly.
8
It is to be possible for a person to be both liable for an offence under sections 125 to 127 and to have a penalty imposed on him under this section in respect of the same conduct.
9
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 (4).
10
No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.