Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Persistent misuse of network or service

C1I1I2129Enforcement notifications for stopping persistent misuse

1

This section applies where—

a

a person (“the notified misuser”) has been given a notification under section 128;

b

OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and

c

the period allowed for the making of the representations has expired.

2

OFCOM may give the notified misuser an enforcement notification if they are satisfied—

a

that he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service; and

b

that he has not, since the giving of the notification, taken all such steps as OFCOM consider appropriate for—

i

securing that his misuse is brought to an end and is not repeated; and

ii

remedying the consequences of the notified misuse.

3

An enforcement notification is a notification which imposes a requirement on the notified misuser to take all such steps for—

a

securing that his misuse is brought to an end and is not repeated, and

b

remedying the consequences of the notified misuse,

as may be specified in the notification.

4

A decision of OFCOM to give an enforcement notification to a person must fix a reasonable period for the taking of the steps required by the notification.

5

It shall be the duty of a person to whom an enforcement notification has been given to comply with it.

6

That duty shall be enforceable in civil proceedings by OFCOM—

a

for an injunction;

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or

c

for any other appropriate remedy or relief.

7

References in this section to remedying the consequences of misuse include references to paying an amount to a person—

a

by way of compensation for loss or damage suffered by that person; or

b

in respect of annoyance, inconvenience or anxiety to which he has been put.