Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Enforcement of conditions

F196B.Penalties for contravention of conditions

(1)

This section applies where a person is given a notification under section 96A which specifies a proposed penalty.

(2)

Where the notification relates to more than one contravention, a separate penalty may be specified in respect of each contravention.

(3)

Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

(4)

But, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—

(a)

the giving of a confirmation decision under section 96C(4)(c) which requires immediate action; or

(b)

the expiry of any period specified in the confirmation decision for complying with a requirement so specified.

(5)

The amount of a penalty under subsection (4) is to be such amount not exceeding £20,000 per day as OFCOM determine to be—

(a)

appropriate; and

(b)

proportionate to the contravention in respect of which it is imposed.