distributes, sells, rents, installs, maintains, possesses or uses equipment or software
designed or adapted for such purpose;
c)
Intentionally and unlawfully intercepts by technical means a transmission not intended
for such person;
d)
Willfully damages any telecommunications network; or
e)
Intentionally and unlawfully seriously hinders the functioning of any telecommunications
network by inputting, damaging, deleting, deteriorating, altering or suppressing
telecommunications data.
2. Where the Authority has reasonable grounds to believe that a person has committed an
infringement, the Authority may:
a)
Issue and serve on the person a written notice of the alleged infringement; or
b)
If such infringement also constitutes a criminal offence pursuant to the Penal Code or
some other law, refer the matter to the competent police authorities pursuant to the Code
of Criminal Procedure.
3.
An infringement notice shall name the person suspected of having committed the offence,
identify the infringement and the potential applicable administrative penalty, and provide
a period during which the person may submit a defence to the Authority.
4.
The Authority may refrain from issuing an infringement notice if the matter is already
subject to a criminal proceeding pursuant to the Penal Code or some other law and it
considers that such proceeding will provide an appropriate remedy.
Article 77
Decisions on infringements
1)
Where the Authority has issued an infringement notice under the preceding article, it
shall, after considering any representations made to it in relation to that infringement and
any other information it considers relevant, make a decision as to whether the person
committed the infringement.
2)
Subject to the rights of an infringing person pursuant to applicable law, where the
Authority determines that the person has committed an infringement, it shall:
a)
Require the person to cease and remedy the infringement at such time and subject to such
conditions as the Authority may determine; and
b)
Impose the administrative penalty referred to in the notice, a lesser penalty or no penalty.
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