The Authorisation of Frequency Use for the Provision of Mobile Satellite Services (European Union) Regulations 2010

Penalties for contravention

7.—(1) This regulation applies where—

(a) a selected applicant (the “notified person”) has been given a notification under regulation 6;

(b) OFCOM have allowed the notified person the opportunity to make representations about the matters notified; and

(c) the period allowed for the making of the representations has expired.

(2) OFCOM may impose a penalty on the notified person if they are satisfied—

(a) that the notified person has, in one or more of the respects notified, been in contravention of a condition of an authorisation or a requirement under regulation 5(3) or (4) specified in the notification under regulation 6; and

(b) that the notified person has not, during the period allowed under that regulation, taken such steps as OFCOM consider appropriate—

(i) for complying with that condition or requirement; and

(ii) for remedying the consequences of the notified contravention of that condition or requirement.

(3) Where a notification under regulation 6 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

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

(5) Where OFCOM decide to impose a penalty on a notified person under this regulation, they shall—

(a) notify that person of their decision and of their reasons for that decision; and

(b) in that notification, fix a reasonable period as the period within which the penalty is to be paid.

(6) A penalty under this regulation—

(a) must be paid to OFCOM; and

(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.