6Notification of contravention of conditions of authorisations
(1) Where OFCOM determine that there are reasonable grounds for believing that a selected applicant is contravening or has contravened—
(a) a condition of its authorisation; or
(b) a requirement under regulation 5(3) or (4),
they may give that selected applicant a notification under this regulation.
(2) A notification under this regulation is one which—
(a) sets out the determination made by OFCOM;
(b) specifies the condition of the authorisation or the requirement under regulation 5(3) or (4) and the contravention in respect of which that determination has been made; and
(c) specifies the period during which the selected applicant notified has an opportunity of doing the things specified in paragraph (4).
(3) A notification under this regulation—
(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) Those things are—
(a) making representations about the matters notified;
(b) complying with the notified conditions of the authorisation or the requirements under regulation 5(3) or (4) of which the selected applicant remains in contravention; and
(c) remedying the consequences of the notified contraventions.
(5) Subject to paragraphs (5), (6) and (7), the period for doing those things must be the period of one month beginning with the day after the day on which the notification was given.
(6) OFCOM may, if they think fit, allow a longer period for doing those things either—
(a) by specifying a longer period in the notification; or
(b) by subsequently, on one or more occasions, extending the specified period.
(7) The selected applicant notified shall have a shorter period for doing those things if a shorter period is agreed between OFCOM and the selected applicant notified.
(8) The selected applicant notified shall also have a shorter period if—
(a) OFCOM have reasonable grounds for believing that the contravention is a repeated contravention or that the case is urgent;
(b) they have determined that, in those circumstances, a shorter period would be appropriate; and
(c) the shorter period has been specified in the notification.
(9) For the purposes of paragraph (7)(a) a contravention is a repeated contravention, in relation to a notification with respect to that contravention, if—
(a) a previous notification under this regulation has been given in respect of the same contravention or in respect of another contravention of the same condition of the authorisation or the same requirement under regulation 5(3) or (4); and
(b) the subsequent notification is given no more than 12 months after the date when the previous notification was given.
(10) For the purposes of paragraph (7)(a) a case is an urgent case if the contravention has resulted in, or creates an immediate risk of—
(a) a serious threat to the safety of the public, to public health or to national security; or
(b) serious economic or operational problems for persons (other than the selected applicant in contravention) who—
(i) use wireless telegraphy stations or wireless telegraphy apparatus; or
(ii) are communications providers or make associated facilities available.
(11) References to remedying a contravention include references to—
(a) doing anything the failure to do which, or the failure to do which within a particular period or before a particular time, constituted the whole of or a part of the contravention;
(b) paying an amount to a person by way of compensation for loss or damage suffered by that person in consequence of the contravention;
(c) paying an amount to a person by way of compensation in respect of annoyance, inconvenience or anxiety to which that person has been put in consequence of the contravention;
(d) otherwise acting in a manner that constitutes an acknowledgement that the notified contravention did occur.
(12) In paragraph (9) the expressions—
“wireless telegraphy station” and “wireless telegraphy apparatus” have the meanings given by section 117 of the Wireless Telegraphy Act 2006; and
“communications provider” has the same meaning as in section 405 of the Communications Act 2003.
Specified date: 31 March 2010: see reg 1(1).