Section 362BX: Fees, Communications Act 2003

OFCOM may require any of the following persons to pay to OFCOM a fee of an amount determined by OFCOM—

a provider of a relevant internet radio service;

a provider of a designated radio selection service.

The amount of a fee required under subsection (1) must be determined by OFCOM in accordance with a statement of principles prepared and published by them for the purpose of this section.

Those principles must be such as appear to OFCOM to be likely to secure the following objectives—

that, on a year by year basis, the aggregate amount of the fees payable to OFCOM under subsection (1) is sufficient to meet, but does not exceed, the annual cost to OFCOM of carrying out their functions under this Part less an appropriate amount to take into account costs that will be met by fees payable by the BBC under section 198(4);

that the relationship between the aggregate amount of the fees and the cost to OFCOM of carrying out the functions is transparent;

that any fee required is justifiable and proportionate having regard to the circumstances of the person required to pay it.

As soon as reasonably practicable after the end of each financial year, OFCOM must publish a statement of accounts setting out in respect of that year—

the aggregate amount of the fees payable under subsection (1) for that year that have been received by OFCOM,

the aggregate amount of the fees payable under subsection (1) for that year that remain outstanding and are likely to be paid or recovered, and

the costs to them of carrying out their functions under this Part less an appropriate amount to take into account costs that have been or are to be met by fees payable by the BBC under section 198(4).

Any deficit or surplus shown (after applying this subsection for all previous years) by the statement of accounts is to be—

carried forward, and

taken into account in determining what is required to meet the objective described in subsection (3)(a) in relation to the following year.

OFCOM may repay a person some or all of a fee paid under subsection (1) if, in the case of a fee paid by the provider of a designated radio selection service—

the Secretary of State has revoked the designation of a designated radio selection service provided by that person at some time during the period to which the fee relates, or

the person gives OFCOM a notice under section 362BE(2) in accordance with section 362BE(3) at some time during the period to which the fee relates.

For the purposes of this section, OFCOM's costs of carrying out their functions under this Part during a financial year include their costs of preparing to carry out those functions during that year.

OFCOM—

may revise a statement of principles published by them, and

where they do so, must publish the statement as revised.

Before publishing a statement of principles or a revision of it, OFCOM must consult such persons as they consider appropriate.

In this section, a reference to the functions of OFCOM under this Part includes a reference to their functions under Schedules 16A and 16B, so far as relating to this Part.

In this section, "financial year" means a period of 12 months ending on 31 March.

Section 362BX: Fees

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