SCHEDULES
SCHEDULE 4Recovery of administrative charges incurred by OFCOM
Suspending service provision for non-payment
8
1
Unless it provides otherwise, a direction under paragraph 7 takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.
2
A direction under paragraph 7—
a
in providing for the effect of a suspension or restriction to be postponed may provide for it to take effect only at a time determined by or in accordance with the terms of the direction, and
b
in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening operator as appear to OFCOM to be appropriate for the purpose of protecting the users of that operator's services.
3
Those conditions may include a condition requiring the making of payments—
a
by way of compensation for loss or damage suffered by those users as a result of the direction, or
b
in respect of annoyance, inconvenience or anxiety to which those users have been put in consequence of the direction.
4
OFCOM are not to give a direction under paragraph 7 unless they have—
a
notified the contravening operator of the proposed direction and of the conditions (if any) which they are proposing to impose by that direction,
b
provided the contravening operator with an opportunity of making representations about the proposals and of proposing steps for remedying the situation, and
c
considered every representation and proposal made to them during the period allowed by them for the contravening operator to take advantage of that opportunity.
5
That period must be at least one month beginning with the day after the day the notification is given.
6
OFCOM may revoke a direction under paragraph 7 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 services, or parts of a service, as they may determine.
7
For the purposes of paragraph 7 there are repeated contraventions by a person of requirements to pay administrative charges to the extent that—
a
in the case of a previous notification given to that person under paragraph 4, OFCOM have determined for the purposes of paragraph 6(2) that a contravention did occur, and
b
in the period of 12 months following the day of the making of that determination, one or more further notifications have been given to that person in respect of the same or different failures to pay administrative charges.