Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Enforcement of conditions

I199Confirmation of directions under s. 98

1

As soon as reasonably practicable after giving a direction under section 98(4), OFCOM must give the person to whom it is given—

a

an opportunity of making representations to them about the grounds on which it was given and its effect; and

b

an opportunity of proposing steps to remedy the situation.

2

As soon as practicable after the period allowed by OFCOM for making those representations has ended, they must determine—

a

whether the contravention providing the grounds for the giving of the direction did occur; and

b

whether the circumstances made it an urgent case justifying the giving of the direction.

3

If OFCOM decide that the contravention did occur and that the direction was justified, they may confirm the direction.

4

If not, they must exercise their power to revoke it.

5

As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify the person to whom it was given of their decision.

6

Conditions included in a direction by virtue of section 98(7) have effect only if the direction is confirmed.