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

Amount of penalty under regulation 7

8.—(1) The amount of a penalty imposed under regulation 7 shall be an amount not exceeding ten percent of the turnover of the notified person’s relevant business for the relevant period, as OFCOM determine to be—

(a) appropriate; and

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

(2) In making that determination OFCOM must have regard to—

(a) any representations made to them by the notified person;

(b) any steps taken by the notified person towards complying with the condition or requirement contravention of which has been notified to him under regulation 6; and

(c) any steps taken to by the notified person for remedying the consequences of that contravention.

(3) For the purposes of this regulation the turnover of the notified person’s relevant business for the relevant period shall be calculated in accordance with regulation 9.

(4) In this regulation and regulation 9—

“notified person” has the same meaning as in regulation 7;

“relevant business” means so much of any business carried on by the notified person as consists in the provision of mobile satellite services;

“relevant period” means—

(a)

except in a case falling within subparagraphs (b) or (c), the period of one year ending with the 31st March next before the time when notification of the contravention was given under regulation 6;

(b)

in the case of a notified person who at that time has been carrying on that business for a period of less than a year, the period, ending with that time, during which the notified person has been carrying it on; and

(c)

in the case of a notified person who at that time has ceased to carry on that business, the period of one year ending with the time when the notified person ceased to carry it on.