Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Information provisions
139Penalties for contravention of information requirements
(1)
This section applies where—
(a)
a person (“the notified person”) has been given a notification under section 138;
(b)
OFCOM have allowed the notified person an opportunity of making 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—
(a)
they are satisfied that he has, in one or more of the respects notified, been in contravention of the requirement notified under section 138;
(b)
he has not, during the period allowed under that section, complied with the notified requirement; and
(c)
no proceedings for an offence under section 144 have been brought against the notified person in respect of the contravention.
(3)
Where a notification under section 138 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)
The amount of a penalty imposed under this section is to be such amount not exceeding £50,000 as OFCOM determine to be both—
(a)
appropriate; and
(b)
proportionate to the contravention in respect of which it is imposed.
(6)
In making that determination OFCOM must have regard to—
(a)
any representations made to them by the notified person; and
(b)
any steps taken by him towards complying with the requirements contraventions of which have been notified to him under section 138.
(7)
Where OFCOM impose a penalty on a person under this section, they shall—
(a)
within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for that decision; and
(b)
in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
(8)
A penalty imposed under this section—
(a)
must be paid to OFCOM; and
(b)
if not paid within the period fixed by them, is to be recoverable by them accordingly.
(9)
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (5).
(10)
No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.