Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Notification by providers

Notification of contraventions of s. 33
35
1
Where OFCOM determine that there are reasonable grounds for believing that a person has contravened section 33, they may give him a notification under this section.
2
A notification under this section is one which—
a
sets out the determination made by OFCOM; ...
b
specifies the contravention in respect of which the determination has been made;
c
specifies the period during which the person notified has an opportunity to make representations;
d
specifies information to be provided by the person to
OFCOM
; and
e
specifies any penalty which
OFCOM
are minded to impose in accordance with section 35A.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
A notification under this section—
a
may be given in respect of more than one contravention of section 33; and
b
if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
9
Where a notification under this section has been given to a person in respect of a contravention of section 33, OFCOM may give a further notification in respect of the same contravention if, and only if—
a
the subsequent notification is in respect of so much of a period during which the contravention in question was continuing as falls after a period to which the earlier notification relates; or
b
the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 35 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. 35 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)
Word in s. 35(2)(a) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(a) (with Sch. 3 paras. 2, 3)
S. 35(2)(b)-(e) substituted for s. 35(2)(b) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(a) (with Sch. 3 paras. 2, 3)
S. 35(3)-(7) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(b) (with Sch. 3 paras. 2, 3)
S. 35(10) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 10(b) (with Sch. 3 paras. 2, 3)