Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
|
Chapter 9 Revocation, transitional provisions and consequential amendments | ||
|
Transitional provision where certain notifications have been given | ||
|
117. (1) Where, on the coming into operation of this section— | ||
(a) an undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 37(1) of the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 ( S.I. No. 333 of 2011 ) by the Regulator (within the meaning of those Regulations), | ||
(b) an operator or undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 19(1) of the European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 ( S.I. No. 334 of 2011 ) by the Regulator (within the meaning of those Regulations), | ||
(c) an undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 16(3) of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 ( S.I. No. 335 of 2011 ) by the Regulator (within the meaning of those Regulations), or | ||
(d) an undertaking has been notified and given an opportunity to state its views or remedy non-compliance in accordance with Regulation 31(2) of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 ( S.I. No. 337 of 2011 ) by the Regulator (within the meaning of those Regulations), | ||
an authorised officer may, subject to section 70 , where the authorised officer suspects on reasonable grounds that the operator or undertaking notified has committed or is committing a regulatory breach, with the consent of the Commission, refer the matter in accordance with section 71 for adjudication. | ||
(2) Where an authorised officer makes a referral referred to in subsection (1), Part 7 (including sections 67 and 68 ) shall apply in respect of such referral. |