The Mobile Roaming (European Communities) Regulations 2007

Notification of breach

3.—(1) Where OFCOM determine that there are reasonable grounds for believing that a person is breaching, or has breached, an obligation under the EU Mobile Roaming Regulation or regulation 13, they may give that person a notification under this regulation.

(2) A notification under this regulation is one which—

(a) sets out the determination made by OFCOM;

(b) specifies the obligation and the breach in respect of which that determination has been made; and

(c) specifies a reasonable period during which the person notified has an opportunity of making representations about the matters notified.

(3) A notification under this regulation—

(a) may be given in respect of more than one breach; and

(b) if it is given in respect of a continuing breach, may be given in respect of any period during which the breach has continued.

(4) Where a notification under this regulation has been given to a person in respect of a breach of an obligation under the EU Mobile Roaming Regulation or regulation 13, OFCOM may give a further notification in respect of the same breach of that obligation if, and only if—

(a) the breach is one occurring after the time of the giving of the earlier notification;

(b) the breach is a continuing breach 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(c) the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified breach.