Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Power to deal with urgent cases
139B
1
This section applies where
OFCOM
determine—
a
that they are entitled to give a notification under section 138 with respect to a contravention by a person (“P”) of a requirement imposed under section 135 or 136;
b
that there are reasonable grounds for suspecting that the case is an urgent case; and
c
that the urgency of the case makes it appropriate for
OFCOM
to take action under this section.
2
A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—
a
a serious threat to the safety of the public, to public health or to national security;
b
serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or
c
serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.
3
OFCOM
may give P a direction—
a
that the entitlement of P to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); or
b
that that entitlement is restricted in the respects set out in the direction.
4
Subsections (3) to (6) of section 140 apply in relation to a direction under subsection (3) as they apply in relation to a direction under section 140.
Ss. 139A-139C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 83 (with Sch. 3 paras. 2, 18)