Sections 96A to 96C apply in relation to a contravention by the provider of a public electronic communications service of the requirements imposed on the provider by sections 124U and 124V as they apply in relation to a contravention of a condition set under section 45, other than an SMP apparatus condition, but with the following modifications.
Section 96A(2)(f) and (g) (OFCOM directions) do not apply.
Section 96A(5) to (7) (action under the Competition Act 1998) do not apply.
The amount of a penalty imposed under sections 96A to 96C, as applied by this section, other than a penalty falling within section 96B(4), is to be such amount not exceeding £2 million as OFCOM determine to be—
appropriate; and
proportionate to the contravention in respect of which it is imposed.