Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Notification by providers

I1I235Notification of contraventions of s. 33

1

Where OFCOM determine that there are reasonable grounds for believing that a person has contravened section 33, they may give him a notification under this section.

2

A notification under this section is one which—

a

sets out the determination made by OFCOM; F4...

F3b

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

c

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

d

specifies information to be provided by the person to OFCOM; and

e

specifies any penalty which OFCOM are minded to impose in accordance with section 35A.

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F14

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F15

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F16

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F17

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8

A notification under this section—

a

may be given in respect of more than one contravention of section 33; 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.

9

Where a notification under this section has been given to a person in respect of a contravention of section 33, OFCOM may give a further notification in respect of the same contravention if, and only if—

a

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

b

the earlier notification has been withdrawn without a penalty having been imposed by reference to the notified contravention.

F210

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