Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Information provisions

Offences in connection with information requirements
144
1
A person who fails to provide information in accordance with a requirement of OFCOM under section 135 or 136 is guilty of an offence and shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
In proceedings against a person for an offence under subsection (1) it shall be a defence for that person to show—
a
that it was not reasonably practicable for him to comply with the requirement within the period specified by OFCOM; but
b
that he has taken all reasonable steps to provide the required information after the end of that period.
3
A person is guilty of an offence if—
a
in pursuance of any requirement under section 135 or 136, he provides any information that is false in any material particular; and
b
at the time he provides it, he either knows it to be false or is reckless as to whether or not it is false.
4
A person guilty of an offence under subsection (3) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
5
Proceedings for an offence under subsection (1) may be brought in respect of a contravention by a person of a requirement imposed under section 135 or 136 only if—
a
OFCOM have given the person a notification under section 138 in respect of that contravention;
b
the period allowed under that section for doing the things mentioned in subsection (3) of that section has expired without the required information having been provided; and
c
OFCOM have not imposed a financial penalty under section 139 in respect of that contravention.