Part 2

Networks, services and the radio spectrum
Chapter 2

Spectrum use

Criminal proceedings etc.

Meaning of “repeated contravention” in s. 172
173
1
For the purposes of section 172 a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if—
a
in the case of a contravention of a term, provision or limitation of a licence, it falls within subsection (2) or (3); or
b
in the case of a contravention of a term, provision or limitation of an exemption, it falls within subsection (4) or (5).
2
A contravention of a term, provision or limitation of a licence falls within this subsection if—
a
a previous notification under section 172 has been given in respect of the same contravention or in respect of another contravention of a term, provision or limitation of the same licence;
b
the person who was given that notification subsequently took steps for remedying the notified contravention; and
c
the subsequent notification is given no more than twelve months after the day of the giving of the previous notification.
3
A contravention of a term, provision or limitation of a licence falls within this subsection if—
a
the person concerned has been convicted of an offence under section 1(1) of the Wireless Telegraphy Act 1949 (c. 54) in respect of the contravention to which the notification relates or in respect of another contravention of a term, provision or limitation of the same licence; and
b
the subsequent notification is given before the end of the period of twelve months from the contravention in respect of which that person was convicted of that offence.
4
A contravention of a term, provision or limitation of an exemption falls within this subsection if—
a
a previous notification under section 172 has been given in respect of the same contravention or in respect of another contravention of the same term, provision or limitation;
b
the person who was given that notification subsequently took steps for remedying the notified contravention; and
c
the subsequent notification is given no more than twelve months after the day of the giving of the previous notification.
5
A contravention of a term, provision or limitation of an exemption falls within this subsection if—
a
the person concerned has been convicted of an offence under section 1(1) of the Wireless Telegraphy Act 1949 (c. 54) in respect of the contravention to which the notification relates or in respect of another contravention of the same term, provision or limitation; and
b
the subsequent notification is given before the end of the period of twelve months from the contravention in respect of which that person was convicted of that offence.
6
In calculating the periods of twelve months mentioned in subsections (3)(b) and (5)(b), the period between the institution of the criminal proceedings which led to the conviction and the conclusion of those proceedings shall be left out of account.
7
For the purposes of subsection (6) criminal proceedings shall be taken to be concluded when no further appeal against conviction may be brought without the permission of the court and—
a
in a case where there is no fixed period within which that permission can be sought, permission has been refused or has not been sought; or
b
in a case where there is a fixed period within which that permission can be sought, that permission has been refused or that period has expired without permission having been sought.
8
References in this section to remedying a contravention include references to each of the following—
a
doing any thing the failure to do which, or the failure to do which within a particular period or before a particular time, constituted the whole or a part of the contravention;
b
paying an amount to a person by way of compensation for loss or damage suffered by that person in consequence of the contravention;
c
paying an amount to a person by way of compensation in respect of annoyance, inconvenience or anxiety to which he has been put in consequence of the contravention; and
d
otherwise acting in a manner that constitutes an acknowledgement that the notified contravention did occur.
9
References in this section to a contravention of a term, provision or limitation of a licence include a reference to a contravention of a term, provision or limitation contained in a previous licence of which the licence in question is a direct or indirect renewal.
S. 173 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 173 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)