Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Notification of contravention of information requirements
138
1
Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a requirement imposed under section 135, 136 or 137A, they may give that person a notification under this section.
2
A notification under this section is one which—
a
sets out the determination made by OFCOM;
b
specifies the requirement and contravention in respect of which that determination has been made; ...
c
specifies the period during which the person notified has an opportunity to make representations;
d
specifies what the person must do in order to comply with the requirement;
e
specifies any penalty which
OFCOM
are minded to impose in accordance with section 139; and
f
where the contravention is serious, specifies any direction which
OFCOM
are minded to give under section 140.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
A notification under this section—
a
may be given in respect of more than one contravention; and
b
if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
9
Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention of that requirement if, and only if—
a
the contravention is one occurring after the time of the giving of the earlier notification;
b
the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
c
the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
9A
OFCOM
may not give a person a notification under this section in respect of a contravention of a requirement imposed under section 135(3)(ig) if the information required was previously provided by the person to
OFCOM
within the period of 6 months ending with the day on which the requirement was imposed.
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 138(10) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 81(b) (with Sch. 3 paras. 2, 18)
S. 138(2)(d) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 86(3)(b), 118(2)
S. 138 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))
Word in s. 138(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 81(a) (with Sch. 3 paras. 2, 18)
S. 138(9A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 81(c) (with Sch. 3 paras. 2, 18)
S. 138 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. 138(1) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 86(3)(a), 118(2)
S. 138(2)(c)-(f) substituted for s. 138(2)(c) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 81(a) (with Sch. 3 paras. 2, 18)
Ss. 138-139A applied (with modifications) (31.7.2016) by The Communications (Access to Infrastructure) Regulations 2016 (S.I. 2016/700), regs. 1, 17(6), (7)
S. 138(3)-(7) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 81(b) (with Sch. 3 paras. 2, 18)