S. 175 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

http://www.legislation.gov.uk/ukpga/2003/21/section/175/2004-06-30Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2004-06-30Communications Act 2003specified provision(s)The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003art. 1(3)Communications Act 2003s. 368E(5)(d)(e)Digital Economy Act 2017s. 94(3)s. 118(6)Communications Act 2003Sch. 3A Pt. 4ZAProduct Security and Telecommunications Infrastructure Act 2022s. 67(1)s. 79(2)Communications Act 2003Sch. 3A para. 103(1)(ca)Product Security and Telecommunications Infrastructure Act 2022s. 70s. 79(2)Communications Act 2003Sch. 3A para. 119AProduct Security and Telecommunications Infrastructure Act 2022s. 72s. 79(2)Communications Act 2003s. 148A and cross-headingProduct Security and Telecommunications Infrastructure Act 2022s. 73(2)s. 79(2)Communications Act 2003s. 402(2A)(za)(zb)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 2s. 79(2)Communications Act 2003Sch. 3A para. 21(6)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(5)(b)s. 79(2)Communications Act 2003Sch. 3A para. 37(3)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(9)s. 79(2)Communications Act 2003Sch. 3A para. 84(1)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(10)s. 79(2)Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004art. 2Communications Act 2003Sch. 4 para. 3(6A)(6B)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(2)(b)Sch. 5 Pt. 1s. 5(2)Communications Act 2003Sch. 4 para. 6(4A)(4B)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(3)(b)Sch. 5 Pt. 1s. 5(2)Communications Act 2003Sch. 4 para. 6(8)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 2 para. 338(3)(d)Sch. 5 Pt. 1s. 5(2)Communications Act 2003s. 319(10)-(11B)Tobacco and Vapes Act 2026Sch. 16 para. 2s. 166s. 176(2)(c)Communications Act 2003s. 368F(1)(aa)(ab)Tobacco and Vapes Act 2026Sch. 16 para. 3(2)s. 166s. 176(2)(c)Communications Act 2003s. 368F(1A)(1B)Tobacco and Vapes Act 2026Sch. 16 para. 3(3)s. 166s. 176(2)(c)Communications Act 2003s. 368H(4)(ba)-(bh)Tobacco and Vapes Act 2026Sch. 16 para. 5(2)(b)s. 166s. 176(2)(c)Communications Act 2003s. 368H(15A)-(15BB)Tobacco and Vapes Act 2026Sch. 16 para. 5(3)s. 166s. 176(2)(c)Communications Act 2003Sch. 11A para. 4(ba)-(bh)Tobacco and Vapes Act 2026Sch. 16 para. 7(2)(b)s. 166s. 176(2)(c)Part 2Networks, services and the radio spectrumChapter 2Spectrum useCriminal proceedings etc.
175Special procedure for contraventions by multiplex licence holders(1)

OFCOM may impose a penalty on a person if—

(a)

that person is or has been in contravention in any respect of the terms, provisions or limitations of a general multiplex licence;

(b)

the contravention relates to terms, provisions or limitations falling within section 1(2A)(b) or (c) of the Wireless Telegraphy Act 1949 (terms, provisions and limitations about service content);

(c)

OFCOM have notified that person that it appears to them that those terms, provisions or limitations have been contravened in that respect; and

(d)

that contravention is not one in respect of which proceedings for an offence under that Act have been brought against that person.

(2)

Where OFCOM impose a penalty on a person under this section, they shall—

(a)

notify that person of that decision and of their reasons for that decision; and

(b)

in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

(3)

A penalty imposed under this section—

(a)

must be paid to OFCOM; and

(b)

if not paid within the period fixed by them, is to be recoverable by them accordingly.

(4)

No proceedings for an offence under the Wireless Telegraphy Act 1949 shall be commenced against a person in respect of a contravention in respect of which a penalty has been imposed by OFCOM under this section.

(5)

For the purposes of this section a licence is a general multiplex licence, in relation to the time of a contravention, if—

(a)

it is a wireless telegraphy licence containing terms, provisions or limitations by virtue of which the services for the purposes of which the use of the licensed station or apparatus is authorised are confined to, or are allowed to include, one or more multiplex services; and

(b)

at that time, there is no licence under Part 1 or 2 of the 1996 Act in force in respect of a multiplex service to be broadcast using that station or apparatus.

(6)

In this section “multiplex service” means—

(a)

a service for broadcasting for general reception that consists in the packaging together of two or more services that are provided for inclusion together in that service by a combination of the relevant information in digital form; or

(b)

a service provided with a view to its being a service falling within paragraph (a) but in the case of which only one service is for the time being comprised in digital form in what is provided.