Section 96A: Notification of contravention of condition other than SMP apparatus condition, Communications Act 2003

Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a condition (other than an SMP apparatus condition) set under section 45, they may give that person a notification under this section.

A notification under this section is one which—

sets out the determination made by OFCOM;

specifies the condition and contravention in respect of which that determination has been made;

specifies the period during which the person notified has an opportunity to make representations;

specifies the steps that OFCOM think should be taken by the person in order to—

comply with the condition;

remedy the consequences of the contravention;

specifies any penalty which OFCOM are minded to impose in accordance with section 96B;

where the contravention is serious, specifies any direction which OFCOM are minded to give under section 100; and

where the contravention relates to a condition set under sections 87 to 91, specifies any direction which OFCOM are minded to give under section 100A.

A notification under this section—

may be given in respect of more than one contravention; and

if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

Where a notification under this section has been given to a person in respect of a contravention of a condition, OFCOM may give a further notification in respect of the same contravention of that condition if, and only if—

the contravention is one occurring after the time of the giving of the earlier notification;

the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or

the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.

Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.

OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.

In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

This section applies in relation to a commitment that is made binding by a commitments decision as it applies in relation to a condition (other than an SMP apparatus condition) set under section 45.

Section 96A: Notification of contravention of condition other than SMP apparatus condition

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