OpenLegislation

Section 139B Power to deal with urgent cases

(1)

F1This section applies where OFCOM determine—

(a)

that they are entitled to give a notification under section 138 with respect to a contravention by a person (“P”) of a requirement imposed under section 135 or 136;

(b)

that there are reasonable grounds for suspecting that the case is an urgent case; and

(c)

that the urgency of the case makes it appropriate for OFCOM to take action under this section.

(2)

A case is an urgent case for the purposes of this section 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;

(b)

serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or

(c)

serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.

(3)

OFCOM may give P a direction—

(a)

that the entitlement of P to provide electronic communications networks or electronic communications services, or to make associated facilities available, is suspended (either generally or in relation to particular networks, services or facilities); or

(b)

that that entitlement is restricted in the respects set out in the direction.

(4)

Subsections (3) to (6) of section 140 apply in relation to a direction under subsection (3) as they apply in relation to a direction under section 140.

Annotations

Textual amendments

F1

Ss. 139A-139C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 83 (with Sch. 3 paras. 2, 18)