Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

9.

Investigation to ensure compliance.

9.— (1) Where the Commission conducts an investigation under section 10(1)( d)(ii) of the Principal Act—

( a) to ensure that the conditions of a licence are being complied with, or

( b) in respect of an alleged breach of a condition attached to a licence,

and finds, on foot of the investigation, that a premium rate service provider has not complied with or has breached a condition attached to his or her licence, it shall notify the provider of the findings and require the provider to remedy any non-compliance or breach and to refund any charge imposed by the provider on any end user in respect of any premium rate service that is connected with the non-compliance or breach not later than—

(i) one month after issue of the notification,

(ii) such shorter period as is agreed by the Commission with the provider concerned or stipulated by the Commission for reasons stated in the notification, or

(iii) such longer period as may be specified by the Commission.

(2) The Commission may publish, in such manner as it thinks fit, any notification given by it under this section, subject to the protection of the confidentiality of any information which the Commission considers confidential.

Annotations

Editorial Notes:

E5

Refunds policy prescribed (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), reg. 8, in effect as per reg. 1(2).

E6

Previous affecting provision: refunds policy prescribed (12.07.2010) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2010 (S.I. No. 338 of 2010), reg. 9, in effect as per reg. 1(2); subsequently revoked (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), reg. 11, in effect as per reg. 1(2), subject to transitional provisions.