Security compliance with licence

(1) Where the PUC is satisfied that a person who has been granted a licence under this Act is contravening or has contravened, and is likely again to contravene, any of the conditions of his licence the PUC may by Order make such provision as is requisite for the purpose of securing compliance with that condition. Securing (2) In determining the extent of the Order to be made, the PUC shall consider in particular the extent to which every person is likely to sustain loss or damage in consequence of anything which, in contravention of the relevant condition, is likely to be done, or omitted to be done. 50 (3) The Order made under sub-section (1)– (a) shall require the telecommunications operator (according to the circumstances of the case) to do, or not to do, such things as are specified in the Order; (b) shall take effect at such time, being no earlier than, (i) twenty-eight days after notice of such an Order (stating the relevant conditions of the licence and the acts or omissions, which in the opinion of the PUC, constitute or would constitute the contravention of any of the provisions of the Act or the conditions of licence) has been served upon the licensee; or (ii) such longer period as may be specified by or under that Order, provided that no such Order shall take effect, if before the expiry of the period specified in sub-section (3) (b), the licensee has remedied the alleged contravention to the reasonable satisfaction of the PUC, provided further that no such Order shall take effect unless the PUC has given reasonable consideration to any representations or objections made to it by or on behalf of the licensee or any other affected person within the first twenty days of the period specified in sub-section 3 (b); and (c) may be revoked at any time by the PUC. (4) In this section, “contravention”, in relation to any condition of a licence, includes any failure to comply with that condition and “contravene” shall be construed accordingly. 51 (5) Nothing in this section shall supersede the authority of the PUC to suspend or revoke a licence under section 19. (6) The power of the PUC to make an order under this section shall be exercisable by statutory instrument with legislative effect. (7) Any person who fails to comply with an order issued by the PUC under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding three years, or both to such fine and imprisonment.