Cap. 418 Art. 32Procedure when taking a measure under article 31.

(1) Unless otherwise provided by or under this Act, the

Authority shall before proceeding to take any of the measures under article 31 write to the person concerned, warning him of the measure that may be taken and the specific reason why it may be taken, requiring him to cease or rectify his acts or omissions and, or to make his submissions thereto within such period not being less than fifteen days which period, without prejudice to the provisions of sub-article

(4), may be abridged if the Authority considers that the continuance of the infringement impacts negatively the effective exercise by the

Authority of its regulatory functions and, or warrants the immediate intervention of the Authority:

Provided that where the measure is an administrative penalty the person concerned shall also be informed of the amount of the administrative penalty: Provided further that when issuing a warning under this sub-article, the Authority may impose such conditions as it may consider reasonable in the circumstances.

(2) If the person concerned remedies the infringement within the period established by the Authority in accordance with sub-article (1), and agrees in writing to abide with any condition that the Authority may impose, the Authority may at its discretion desist from proceeding any further, this without prejudice to any regulatory measures that may have already been imposed.

(3) If after the lapse of the period mentioned in sub-article (1), the Authority considers that the person concerned has not given any valid reasons to demonstrate why no measure should be taken against him, the Authority shall notify the person concerned in writing, specifying the nature of the infringement, stating the measure being taken, and if the measure is an administrative penalty, stating the amount of the administrative penalty being imposed.

(4) Notwithstanding the provisions of sub-article (1), where the Authority has prima facie evidence that the infringement -

(a) represents an immediate and serious threat to public safety, public security or public health; or

(aa) represents the risk of serious harm for the purposes of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC, (Digital Services Act); or

(b) creates or may create serious economic or operational problems for other providers or users of communications services or networks, or other users of radio spectrum; or

(c) would result in significant harm to competition in the electronic communications market, pending compliance with access obligations imposed following a market analysis carried out in accordance with the Electronic Communications (Regulation) Act or any regulations made thereunder, the Authority may take urgent interim measures to remedy the situation in advance of reaching a final decision, including ordering the immediate cessation of the act or omission giving cause to the infringement, requiring the cessation or delay of provision of a service or bundle of services, and the imposition of administrative penalties:

Provided that the person against whom such measures are contemplated, shall, thereafter, be given a reasonable opportunity to state his view and propose any remedies: Provided further that the interim measures shall be valid for a maximum of three months, subject to extension for a further period of three months, in circumstances where enforcement procedures have not been completed.

(5) The notification as referred to in sub-article (3) shall, upon the expiry of the time limit for appeal therefrom, upon the service of a copy thereof by means of a judicial act on the person indicated in the notice, constitute an executive title for all effects and the purposes of