45. — (1) An undertaking shall not impose, or purport to impose, a charge —

( a ) for supplying an electronic communications service or electronic communications product to a consumer that exceeds the amount for that service or product specified —

(i) in the undertaking ’ s published tariff of charges, or

(ii) in a written statement previously made or given to the consumer by the undertaking in relation to that supply,

or

( b ) for supplying an electronic communications service or electronic communications product to a consumer that was not requested by the consumer, or

( c ) for an electronic communications service or electronic communications product that was requested by a consumer but was not supplied.

(2) An undertaking that contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding € 5,000.

(3) In carrying out an investigation under this Act to ascertain whether an undertaking may be contravening or may have contravened subsection (1) , the Commission may conduct an audit of the undertaking ’ s billing system.

(4) In this section —

‘ consumer ’ means a person to whom an electronic communications service or electronic communications product is supplied, otherwise than for the purpose of resupply;

‘ tariff of charges ’ , in relation to an undertaking, includes any list setting out the prices charged by the undertaking for providing electronic communications services or electronic communications products to consumers. ]