Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Enforcement of conditions

Notification of contravention of condition other than SMP apparatus condition
96A
1
Where
OFCOM
determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a condition (other than an
SMP
apparatus condition) set under section 45, they may give that person 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 condition and contravention in respect of which that determination has been made;
c
specifies the period during which the person notified has an opportunity to make representations;
d
specifies the steps that
OFCOM
think should be taken by the person in order to—
i
comply with the condition;
ii
remedy the consequences of the contravention;
e
specifies any penalty which
OFCOM
are minded to impose in accordance with section 96B;
f
where the contravention is serious, specifies any direction which
OFCOM
are minded to give under section 100; and
g
where the contravention relates to a condition set under sections 87 to 91, specifies any direction which
OFCOM
are minded to give under section 100A.
3
A notification under this section—
a
may be given in respect of more than one contravention; 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.
4
Where 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—
a
the contravention is one occurring after the time of the giving of the earlier notification;
b
the 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; or
c
the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
5
Before giving a notification under this section,
OFCOM
must consider whether it would be more appropriate to proceed under the Competition Act 1998.
6
OFCOM
must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
7
In a case where
OFCOM
decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.
8
This section applies in relation to a commitment that is made binding by a commitments decision as it applies in relation to a condition (other than an SMP apparatus condition) set under section 45.
Ss. 96A-96C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 55 (with Sch. 3 paras. 2, 13)
S. 96A(8) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 45
S. 96A(5)-(7) substituted for s. 96A(5) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 14 para. 18; S.I. 2014/416, art. 2(1)(e) (with Sch.)
Ss. 96A-97 applied (6.4.2023) by The Trade (Mobile Roaming) Regulations 2023 (S.I. 2023/214), regs. 1(b), 7(2)