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(1)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.
(2)A notification under this section is one which—
(a)sets out the determination made by OFCOM;
(b)specifies the condition and contravention in respect of which that determination has been made;
(c)specifies the period during which the person notified has an opportunity to make representations;
(d)specifies the steps that OFCOM think should be taken by the person in order to—
(i)comply with the condition;
(ii)remedy the consequences of the contravention;
(e)specifies any penalty which OFCOM are minded to impose in accordance with section 96B;
(f)where the contravention is serious, specifies any direction which OFCOM are minded to give under section 100; and
(g)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.
(3)A notification under this section—
(a)may be given in respect of more than one contravention; and
(b)if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.
(4)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—
(a)the contravention is one occurring after the time of the giving of the earlier notification;
(b)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
(c)the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
(5)OFCOM must not give a notification under this section in a case in which—
(a)they decide that a more appropriate way of proceeding in relation to the contravention in question would be under the Competition Act 1998; and
(b)they publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of the persons who, in their opinion, are likely to be affected by it.]
Textual Amendments
F1Ss. 96A-96C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 55 (with Sch. 3 paras. 2, 13)
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