Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

Guidelines

98. (1) The Commission may, subject to this Act and any regulations and rules made under this Act, and having regard to the fairness and efficiency of the procedures under this Part, prepare and make guidelines in relation to any matter provided for by or under this Part, including—

(a) the conduct of oral hearings,

(b) the imposition of administrative sanctions (including the factors applicable to any financial penalty to be imposed under section 91 , and the method of calculation of financial penalties),

(c) the award of compensation,

(d) the award of refunds,

(e) the suspension or withdrawal of authorisation or rights of use for radio spectrum or rights of use for numbering resources,

(f) the decision to carry out an investigation where there is evidence of a breach and the conduct of such investigations, including the content of referral reports and other reports of authorised officers,

(g) the general policies of the Commission.

(2) In making an adjudication, subject to this Act and any regulations and rules made under this Act, an adjudicator shall apply guidelines made and published by the Commission under subsection (1) and by BEREC unless the adjudicator considers that there is a good and substantial reason not to do so.

(3) The Commission may amend or revoke guidelines made under subsection (1).

(4) The Commission shall publish any guidelines made under subsection (1), and any amendment to or revocation of those guidelines, on the website of the Commission.