that he is or has been in F1serious or repeated contravention of requirements imposed under sections F6135, 136 and 137A, or any or either of them;

the requirements are not requirements imposed for purposes connected with the carrying out of OFCOM’s functions in relation to SMP apparatus conditions;

F2in the case of a repeated contravention, that an attempt, by the imposition of penalties F3or the giving of notifications under section 138 and confirmation decisions under section 139A, or both, or the bringing of proceedings for an offence under section 144, to secure compliance with the contravened requirements has failed; and

that the giving of the direction is appropriate and proportionate to the contravention in respect of which it is given.

a direction that the entitlement of the contravening provider 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

a direction that that entitlement is restricted in the respects set out in the direction.

must specify the networks, services and facilities to which it relates; and

except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.

in providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and

in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening provider as appear to OFCOM to be appropriate for the purpose of protecting that provider’s customers.

by way of compensation for loss or damage suffered by the contravening provider’s customers as a result of the direction; or

in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.

with effect from such time as they may direct;

subject to compliance with such requirements as they may specify; and

to such extent and in relation to such networks, services or facilities, or parts of a network, service or facility, as they may determine.

in the case of a previous notification of a contravention given to that person under section 138, OFCOM have given a confirmation decision to that person under section 139A(2) in respect of the contravention; and

in the period of 24 months following the giving of that confirmation decision, one or more further confirmation decisions have been given to the person in respect of contraventions of numbering conditions;