Section 362BY: Non-payment of fee, Communications Act 2003

This section applies if—

the provider of a relevant internet radio service or a designated radio selection service is liable to pay a fee to OFCOM under section 362BX, and

in OFCOM's opinion, the provider has not paid the full amount of the fee that the provider is liable to pay.

OFCOM may give the provider a notice under this subsection specifying—

the outstanding amount of the fee that OFCOM consider the provider is due to pay to them under section 362BX, and

the period within which the provider must pay it.

A notice under subsection (2)—

may relate to fees required on different occasions;

may also state that OFCOM propose to impose a penalty on the provider.

The provider may make representations to OFCOM (with any supporting evidence) about the matters contained in the notice.

Subsection (6) applies if—

the notice under subsection (2) stated that OFCOM propose to impose a penalty,

the period allowed for representations has expired, and

OFCOM are satisfied that an amount of the fee or fees is still due to them.

OFCOM may give the provider a penalty notice under this subsection requiring the provider to pay to OFCOM a penalty of an amount in sterling determined by OFCOM.

The penalty may consist of any of the following—

a single amount;

an amount calculated by reference to a daily rate;

a combination of a single amount and an amount calculated by reference to a daily rate.

The penalty notice may impose a penalty of a different kind, of a greater amount or (in the case of a penalty calculated by reference to a daily rate) payable over a longer period than that proposed in the notice about the proposed penalty.

See section 362BZ for information which must be included in notices under this section.

Nothing in this section affects OFCOM's power to bring proceedings (whether before or after the imposition of a penalty by a notice under subsection (6)) for the recovery of the whole or part of an amount due to OFCOM under section 362BX.

But OFCOM may not bring such proceedings unless a provider has first been given a notice under subsection (2) specifying the amount due to OFCOM.

Section 362BY: Non-payment of fee

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