Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Notification by providers

I1I236Enforcement notification for contravention of s. 33

1

This section applies where—

a

a person (“the notified provider”) has been given a notification under section 35;

b

OFCOM have allowed the notified provider an opportunity of making representations about the notified determination; and

c

the period allowed for the making of the representations has expired.

2

OFCOM may give the notified provider an enforcement notification if they are satisfied—

a

that he has, in one or more of the respects notified, been in contravention of section 33; and

b

that he has not, during the period allowed under section 35, provided OFCOM with all the information which he should have provided to them to remedy the contravention.

3

An enforcement notification is a notification which imposes a requirement on the notified provider to take all such steps for providing OFCOM with that information as may be specified in the notification.

4

A decision of OFCOM to give an enforcement notification to a person—

a

must be notified to that person, together with the reasons for the decision, no later than a week after the day on which it is taken; and

b

must fix a reasonable period for the taking of the steps required by the notification.

5

It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

6

That duty shall be enforceable in civil proceedings by OFCOM

a

for an injunction;

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

c

for any other appropriate remedy or relief.