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139 Procedure for directions under ss. 137 and 138 | |
(1) Except in an urgent case, OFCOM are not to give a direction under section 137 | |
or 138 unless they have— | |
(a) notified the contravening provider or contravening supplier of the | |
proposed direction and of the conditions (if any) which they are | 5 |
proposing to impose by that direction; | |
(b) provided him with an opportunity of making representations about the | |
proposals and of proposing steps for remedying the situation; and | |
(c) considered every representation and proposal made to them during the | |
period allowed by them for the contravening provider or the | 10 |
contravening supplier to take advantage of that opportunity. | |
(2) That period must be one ending not less than one month after the day of the | |
giving of the notification. | |
(3) As soon as practicable after giving a direction under section 137 or 138 in an | |
urgent case, OFCOM must provide the contravening provider or contravening | 15 |
supplier with an opportunity of— | |
(a) making representations about the effect of the direction and of any of | |
its conditions; and | |
(b) proposing steps for remedying the situation. | |
(4) A case is an urgent case for the purposes of this section if OFCOM— | 20 |
(a) consider that it would be inappropriate, because the contraventions in | |
question fall within subsection (5), to allow time, before giving a | |
direction under section 137 or 138, for the making and consideration of | |
representations; and | |
(b) decide for that reason to act in accordance with subsection (3), instead | 25 |
of subsection (1). | |
(5) The contraventions fall within this subsection if they have resulted in, or create | |
an immediate risk of— | |
(a) a serious threat to the safety of the public, to public health or to national | |
security; | 30 |
(b) serious economic or operational problems for persons (apart from the | |
contravening provider or contravening supplier) who are | |
communications providers or persons who make associated facilities | |
available; or | |
(c) serious economic or operational problems for persons who make use of | 35 |
electronic communications networks, electronic communications | |
services or associated facilities. | |
(6) In this section— | |
“contravening provider” has the same meaning as in section 137; and | |
“contravening supplier” has the same meaning as in section 138. | 40 |
140 Enforcement of directions under ss. 137 and 138 | |
(1) A person is guilty of an offence if he provides an electronic communications | |
network or electronic communications service, or makes available any | |
associated facility— | |
(a) while his entitlement to do so is suspended by a direction under section | 45 |
137; or | |
(b) in contravention of a restriction contained in such a direction. | |
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(2) A person is guilty of an offence if he supplies electronic communications | |
apparatus— | |
(a) while prohibited from doing so by a direction under section 138; or | |
(b) in contravention of a restriction contained in such a direction. | |
(3) A person guilty of an offence under this section shall be liable— | 5 |
(a) on summary conviction, to a fine not exceeding the statutory | |
maximum; | |
(b) on conviction on indictment, to a fine. | |
(4) Sections 91 to 96 apply in relation to a contravention of conditions imposed by | |
a direction under section 137 or 138 as they apply in relation to a contravention | 10 |
of conditions set under section 42. | |
141 Offences in connection with information requirements | |
(1) A person who fails to provide information in accordance with a requirement of | |
OFCOM under section 132 or 133 is guilty of an offence and shall be liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | 15 |
maximum; | |
(b) on conviction on indictment, to a fine. | |
(2) In proceedings against a person for an offence under subsection (1) it shall be | |
a defence for that person to show— | |
(a) that it was not reasonably practicable for him to comply with the | 20 |
requirement within the period specified by OFCOM; but | |
(b) that he has taken all reasonable steps to provide the required | |
information after the end of that period. | |
(3) A person is guilty of an offence if— | |
(a) in pursuance of any requirement under section 132 or 133, he provides | 25 |
any information that is false in any material particular; and | |
(b) at the time he provides it, he either knows it to be false or is reckless as | |
to whether or not it is false. | |
(4) A person guilty of an offence under subsection (3) shall be liable— | |
(a) on summary conviction, to a fine not exceeding the statutory | 30 |
maximum; | |
(b) on conviction on indictment, to imprisonment for a term not exceeding | |
two years or to a fine, or to both. | |
(5) Proceedings for an offence under subsection (1) may be brought in respect of a | |
contravention by a person of a requirement imposed under section 132 or 133 | 35 |
only if— | |
(a) OFCOM have given the person a notification under section 135 in | |
respect of that contravention; | |
(b) the period allowed under that section for doing the things mentioned | |
in subsection (3) of that section has expired without the required | 40 |
information having been provided; and | |
(c) OFCOM have not imposed a financial penalty under section 136 in | |
respect of that contravention. | |
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142 Statement of policy on information gathering | |
(1) It shall be the duty of OFCOM to prepare and publish a statement of their | |
general policy with respect to— | |
(a) the exercise of their powers under sections 132 to 133; and | |
(b) the uses to which they are proposing to put information obtained under | 5 |
those sections. | |
(2) OFCOM may from time to time revise that statement as they think fit. | |
(3) Where OFCOM make or revise their statement of policy under this section, | |
they must publish that statement or (as the case may be) the revised statement | |
in such manner as they consider appropriate for bringing it to the attention of | 10 |
the persons who, in their opinion, are likely to be affected by it. | |
(4) It shall be the duty of OFCOM, in exercising the powers conferred on them by | |
sections 132 to 141 to have regard to the statement for the time being in force | |
under this section. | |
143 Provision of information by OFCOM | 15 |
(1) OFCOM must comply with a request made by a person for the purposes of this | |
section— | |
(a) to notify the person whether or not a notification is required to be | |
submitted by him under section 30; | |
(b) to notify the person whether a notification submitted by him for the | 20 |
purposes of that section satisfies the requirements of this Chapter; | |
(c) to provide the person with such information about his rights as may be | |
necessary for the purpose of facilitating the negotiation by him of his | |
right to network access; or | |
(d) to provide the person with such information as they consider necessary | 25 |
to enable the applicant to apply for a direction under section 103 to be | |
made in his case. | |
(2) A request for the purposes of this section must be made in such manner as | |
OFCOM may require. | |
(3) OFCOM is not required to comply with a request under this section if (without | 30 |
having been asked to do so) they have already given that person the | |
notification or information for which he is asking. | |
(4) Any notification or information which under subsection (1) must be given or | |
provided by OFCOM must be given or provided before the end of the period | |
of one week beginning with the day on which the request for the notification | 35 |
or information was made to OFCOM. | |
Abolition of telecommunications licensing etc. | |
144 Repeal of provisions of Telecommunications Act 1984 | |
The following provisions of the Telecommunications Act 1984 (c. 12) shall | |
cease to have effect— | 40 |
(a) sections 5 to 8 (licensing provisions); | |
(b) sections 9 to 11 (public telecommunications systems); | |
(c) sections 12 to 15 (modification of licences); | |
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(d) sections 16 to 19 (enforcement of licences); and | |
(e) sections 27A to 27L (standards of performance of designated public | |
telecommunications operators). | |
Local authority powers in relation to networks and services | |
145 Powers of local authorities in connection with networks | 5 |
(1) A local authority may borrow money for the purpose of providing a public | |
electronic communications network or public electronic communications | |
service. | |
(2) A local authority may— | |
(a) provide a public electronic communications network part of which is | 10 |
outside their area; and | |
(b) provide a public electronic communications service even if some of the | |
persons to whom they provide the service are outside their area. | |
(3) In this section, a ‘local authority’ means— | |
(a) in relation to England, a London borough council or a district council; | 15 |
(b) in relation to Wales, a county council or a county borough council; | |
(c) in Scotland, a council constituted under section 2 of the Local | |
Government etc. (Scotland) Act 1994 (c. 39). | |
Grants for networks and services in Northern Ireland | |
146 Grants by Department of Enterprise, Trade and Investment | 20 |
(1) The Department of Enterprise, Trade and Investment may, in accordance with | |
this section, make payments to persons engaged in, or in commercial activities | |
connected with— | |
(a) the provision of electronic communications networks and electronic | |
communications services in Northern Ireland; or | 25 |
(b) improving the extent, quality and reliability of such networks or | |
services. | |
(2) A payment shall not be made under this section unless in the opinion of the | |
Department of Enterprise, Trade and Investment— | |
(a) the making of the payment is likely to achieve— | 30 |
(i) one or more of the purposes set out in subsection (1); and | |
(ii) any other purposes prescribed by regulations made by that | |
Department with the approval of the Department of Finance | |
and Personnel; and | |
(b) the amount of the payment is reasonable having regard to all the | 35 |
circumstances. | |
(3) Payments under this section shall— | |
(a) be of such amounts, and | |
(b) be made subject to such conditions (including conditions as to | |
repayment), | 40 |
as the Department of Enterprise, Trade and Investment may determine. | |
(4) This section extends only to Northern Ireland. | |
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