Cap. 418 Art. 31Other sanctions that the Authority may impose.

(1) Without prejudice to any other provisions under this Act or any other law which the Authority is entitled to enforce, the

Authority may take the following measures in respect of any person who infringes any provision of this Act or of any other law which the

Authority is entitled to enforce, or who fails to comply with any decision given by the Authority, or with any decision given by the

Utilities Networks Dispute Resolution Board where the Authority considers that non-compliance by any person with such a decision may impact negatively on the provision of electronic communications services and, or networks, or with any authorization condition, or with any binding decision issued by the European Commission pursuant to the Electronic Communications Code, namely:

(a) the imposition of an administrative penalty in accordance with the provisions of this article and of articles 32 and 33;

(b) issue a compliance order requiring the cessation of any act or omission which is in breach;

(c) issue a compliance order requiring the delay of a service or bundle of services which, if continued, may result in significant harm to competition, pending compliance with access obligations imposed following a market analysis carried out in accordance with the Electronic

Communications (Regulation) Act and with any regulations made thereunder; or

(d) issue a compliance order requiring the taking of any such measures as the Authority may, in accordance with its powers at law, consider necessary in protecting the rights of end-users as established by any law or any decision which the Authority is entitled to enforce where the act or omission of any person negatively impacts such rights: Provided that a reference to a decision given by the Utilities Networks Dispute Resolution Board includes any decision of the aforesaid Board which is appealed from before the Court of Appeal, but has not been suspended by the Court of Appeal, and any decision of the Court of Appeal following an appeal from any decision of the aforesaid Board.

(2) In cases where the Authority considers that a person has seriously and, or repeatedly infringed the provisions of this Act or of any other law which the Authority is entitled to enforce, or of any decision of the Authority or of any authorisation condition, the Authority may withdraw or suspend any related authorisation granted by or under this Act or any other law which the Authority is entitled to enforce, or prevent a person from continuing to provide any communications service or network: Provided that, without prejudice to the generality of the above, the following instances shall be considered to constitute a serious and, or repeated breach:

(a) the unjustified and continued withholding of information requested by the Authority in accordance with its powers at law; and

(b) persistent and repeated instances of non-cooperation with the Authority.

(3) In all cases where the Authority imposes an administrative penalty in respect of anything done or is omitted to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against the said person in respect of such criminal offence.