Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Confirmation of direction under section 139B
139C
1
As soon as reasonably practicable after giving a direction under section 139B(3),
OFCOM
must give the person to whom it is given—
a
an opportunity to make representations to them about the grounds on which it was given and its effect; and
b
an opportunity to propose steps to remedy the situation.
2
As soon as practicable after the period allowed by
OFCOM
for making those representations has ended (and in any event within 3 months beginning with the day on which the direction was given), they must determine—
a
whether the contravention providing the grounds for the giving of the direction did occur; and
b
whether the circumstances made it an urgent case justifying the giving of the direction.
3
The period of 3 months mentioned in subsection (2) may be extended by up to 3 months if
OFCOM
—
a
require additional time to consider representations received; or
b
decide that it is necessary to obtain additional information from the person in order to make a determination under subsection (2).
4
If
OFCOM
decide that the contravention did occur and that the direction was justified, they may confirm the direction.
5
If not, they must exercise their power to revoke it.
6
As soon as reasonably practicable after deciding whether to confirm the direction,
OFCOM
must notify the person to whom it was given of their decision.
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)