http://www.legislation.gov.uk/ukpga/2003/21/section/94/2011-05-26Communications 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 Participation2011-05-26 Part 2Networks, services and the radio spectrumChapter 1Electronic communications networks and services<Emphasis>Enforcement of conditions</Emphasis>Notification of contravention of <Abbreviation Expansion="significant market power"><Addition ChangeId="key-7ed0b4f6ede840c43999eba2f722ef6f-1490175739451" CommentaryRef="key-7ed0b4f6ede840c43999eba2f722ef6f">SMP</Addition></Abbreviation><Addition ChangeId="key-7ed0b4f6ede840c43999eba2f722ef6f-1490175739451" CommentaryRef="key-7ed0b4f6ede840c43999eba2f722ef6f"> apparatus</Addition> conditions941Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, an SMP apparatus condition, they may give that person a notification under this section.2A notification under this section is one which—asets out the determination made by OFCOM;bspecifies the condition and contravention in respect of which that determination has been made; andcspecifies the period during which the person notified has an opportunity of doing the things specified in subsection (3).3Those things are—amaking representations about the matters notified;bcomplying with notified conditions of which he remains in contravention; andcremedying the consequences of notified contraventions.4Subject to subsections (5) to (7) and section 98(3), the period for doing those things must be the period of one month beginning with the day after the one on which the notification was given.5OFCOM may, if they think fit, allow a longer period for doing those things either—aby specifying a longer period in the notification; orbby subsequently, on one or more occasions, extending the specified period.6The person notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the person notified.7The person notified shall also have a shorter period if—aOFCOM have reasonable grounds for believing that the contravention is a repeated contravention;bthey have determined that, in those circumstances, a shorter period would be appropriate; andcthe shorter period has been specified in the notification.8A notification under this section—amay be given in respect of more than one contravention; andbif it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.9Where a notification under this section has been given to a person in respect of a contravention of a condition, OFCOM may give a further notification in respect of the same contravention of that condition if, and only if—athe contravention is one occurring after the time of the giving of the earlier notification;bthe contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; orcthe earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.10OFCOM must not give a notification under this section in a case in which—athey decide that a more appropriate way of proceeding in relation to the contravention in question would be under the Competition Act 1998 (c. 41); andbthey publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of the persons who, in their opinion, are likely to be affected by it.11For the purposes of this section a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if—aa previous notification under this section has been given in respect of the same contravention or in respect of another contravention of the same condition; andbthe subsequent notification is given no more than twelve months after the day of the making by OFCOM of a determination for the purposes of section 95(2) or 96(2) that the contravention to which the previous notification related did occur.Ss. 94-97 applied (with modifications) by S.I. 2000/730, reg. 18(5) (as inserted (25.7.2003) by Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (S.I. 2003/1903), regs. 1(1), 2(12)(b))S. 94 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. 94 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)Words in s. 94 heading inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 54(b) (with Sch. 3 paras. 2, 13)Words in s. 94(1) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 54(a) (with Sch. 3 paras. 2, 13)