OFCOM may give a notice under this section (a "provisional notice of contravention") to a person if they consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with any duty or prohibition under section 362BE, 362BG, 362BI, 362BJ or 362BN.
OFCOM may also give a provisional notice of contravention to a person to whom an information notice has been given if they consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with the duty under section 362BQ(9).
A provisional notice of contravention must—
A provisional notice of contravention may also specify steps that OFCOM consider the person needs to take in order to—
A provisional notice of contravention may also state that OFCOM propose to impose a penalty on the person and, in such a case, the notice must—
A provisional notice of contravention must—
A provisional notice of contravention may be given in respect of a failure by the same person to comply with more than one duty or prohibition and, in such a case, the notice may include a proposal to impose a single penalty in respect of some or all of those duties or duties and prohibition (as an alternative to separate penalties).
Where a provisional notice of contravention is given in respect of a continuing failure to comply with a duty or prohibition, the notice—
Where a provisional notice of contravention is given to a person in respect of a failure to comply with a duty or prohibition, a further provisional notice of contravention in respect of a failure to comply with that same duty or prohibition may be given to that person only—
OFCOM may give a provisional notice of contravention to—
if that person was a provider of a designated radio selection service or (as the case may be) a relevant internet radio service at the time of the failure to which the notice relates.