Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Enforcement of conditions
101Suspending apparatus supply for contraventions of conditions
(1)
OFCOM may give a direction under this section to a person who supplies electronic communications apparatus (“the contravening supplier”) if they are satisfied—
(a)
that he is or has been in serious and repeated contravention of any SMP apparatus conditions;
(b)
that an attempt, by the imposition of penalties or the giving of enforcement notifications under section 95 or both, to secure compliance with the contravened conditions has failed; and
(c)
that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions.
(2)
A direction under this section is—
(a)
a direction to the contravening supplier to cease to act as a supplier of electronic communications apparatus (either generally or in relation to apparatus of a particular description); or
(b)
a direction imposing such restrictions as may be set out in the direction on the supply by that supplier of electronic communications apparatus (either generally or in relation to apparatus of a particular description).
(3)
A direction under this section takes effect, except so far as it otherwise provides, for an indefinite period beginning with the time at which it is notified to the person to whom it is given.
(4)
A direction under this section—
(a)
may provide for a prohibition or restriction to take effect only at a time determined by or in accordance with the terms of the direction; and
(b)
in connection with a prohibition or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening supplier as appear to OFCOM to be appropriate for the purpose of protecting that supplier’s customers.
(5)
Those conditions may include a condition requiring the making of payments—
(a)
by way of compensation for loss or damage suffered by the contravening supplier’s customers as a result of the direction; or
(b)
in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.
(6)
If OFCOM consider it appropriate to do so (whether or not in consequence of representations or proposals made to them), they may at any time revoke a direction under this section or modify its conditions—
(a)
with effect from such time as they may direct;
(b)
subject to compliance with such requirements as they may specify; and
(c)
to such extent and in relation to such apparatus or descriptions of apparatus as they may determine.
(7)
For the purposes of this section there are repeated contraventions by a person of SMP apparatus conditions to the extent that—
(a)
in the case of a previous notification given to that person under section 94, OFCOM have determined for the purposes of section 95(2) or 96(2) that such a contravention did occur;
(b)
in the period of twelve months following the day of the making of that determination, one or more further notifications have been given to that person in respect of contraventions of an SMP apparatus condition; and
(c)
the previous notification and the subsequent ones all relate to contraventions of the same condition (whether the same contravention or different contraventions).