Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Notification by providers

Penalties for contravention of s. 33
37
1
This section applies (in addition to section 36) 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 matters notified; and
c
the period allowed for the making of the representations has expired.
2
OFCOM may impose a penalty on the notified provider if he—
a
has, in one or more of the respects notified, been in contravention of section 33; and
b
has not, during the period allowed under section 35, provided OFCOM with all the information which he should have provided to remedy the contravention.
3
Where a notification under section 35 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.
4
Where such a notification relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.
5
OFCOM may also impose a penalty on the notified provider if he has contravened, or is contravening, a requirement of an enforcement notification given under section 36 in respect of the notified contravention.
6
The amount of a penalty imposed under this section is to be such amount not exceeding £10,000 as OFCOM determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
7
In making that determination OFCOM must have regard to—
a
any representations made to them by the notified provider; and
b
any steps taken by him towards complying with his obligations under section 33.
8
Where OFCOM impose a penalty on a person under this section, they shall—
a
within one week of making their decision to impose the penalty, 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.
9
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.
10
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (6).
11
No order is to be made containing provision authorised by subsection (10) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
S. 37 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))