For the current penalty guidelines please see http://www.ofcom.org.uk/about/policies-and-guidelines/penalty-guidelines/
1. Section 392 of the Communications Act 2003 ("the Act") requires Ofcom to prepare and publish a statement containing the guidelines they propose to follow in determining the amount of penalties imposed by them under the Act or any other enactment apart from the Competition Act 1998.
2. By virtue of section 392(6) of the Act, Ofcom must have regard to the statement for the time being in force when setting the amount of any penalty under this Act or any other enactment (apart from the Competition Act 1998).
3. The amount of any penalty must be appropriate and proportionate to the contravention in respect of which it is imposed. In addition Ofcom must have regard to any representations made to them by the regulated body in breach. Accordingly, Ofcom, in setting the level of penalty will consider all relevant circumstances.
4. In general, Ofcom is likely first to consider the following factors in determining the starting figure of any penalty:
5. Certain specific criteria may be relevant to adjust the starting figure of any penalty depending on the type of contravention. This may include, but would not necessarily be limited to:
6. This may include, but would not necessarily be limited to:
7. This may include, but would not necessarily be limited to:
8. Having taken regard of any representations the regulated body may wish to make and having considered the factors listed above (to the extent that they are relevant) and any other circumstances relevant to the particular case under consideration, Ofcom will determine an appropriate and proportionate penalty. In doing so it will ensure that the amount does not exceed the maximum penalty for the particular type of contravention.
9. Section 392(2) of the Act provides that Ofcom may from time to time revise their statement as they think fit. Any such alterations must be consulted with the Secretary of State and other such persons, as Ofcom considers appropriate. This statement will be reviewed in the light of experience in applying it over time. In particular, the guidelines will be reviewed prior to the implementation of fixed penalties in relation to offences under the Wireless Telegraphy Act 1949 as provided for in section 180 (Schedule 6) to the Act.
10. In these guidelines, the term 'regulated body' means any person or body subject to regulation by Ofcom under any enactment apart from the Competition Act 1998.