Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Penalties for contravention of information requirements
139
1
This section applies where—
a
a person (“the notified person”) has been given a notification under section 138;
b
OFCOM have allowed the notified person 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 person if—
a
they are satisfied that he has, in one or more of the respects notified, been in contravention of the requirement notified under section 138;
b
he has not, during the period allowed under that section, complied with the notified requirement; and
c
no proceedings for an offence under section 144 have been brought against the notified person in respect of the contravention.
3
Where a notification under section 138 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
4
Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
5
The amount of a penalty imposed under this section is to be such amount not exceeding £50,000 as OFCOM determine to be both—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
6
In making that determination OFCOM must have regard to—
a
any representations made to them by the notified person; and
b
any steps taken by him towards complying with the requirements contraventions of which have been notified to him under section 138.
7
Where OFCOM impose a penalty on a person under this section, they shall—
a
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and
b
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
8
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.
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 (5).
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.