Part 2: Prominence on television selection services References of disputes to OFCOM Section 362AU Action by OFCOM on reference of a dispute
This new section sets out what OFCOM must or may do when a dispute is referred to them under the preceding section, providing certain conditions are met.
	Subsection (2) requires OFCOM to decide whether or not it is appropriate to handle the dispute. Where the dispute relates to the arrangements that should be made for the purposes of the prominence duties and OFCOM consider it is highly likely that a designated IPS will not be carried by a RTSS or given an appropriate degree of prominence within the service unless the dispute is resolved, then OFCOM will take the dispute forward unless they consider one of the criteria in subsection (4) are met. These are that there are alternative means available (e.g. private arbitration or mediation) which would resolve the dispute promptly and satisfactorily and likely result in an outcome that is consistent with the agreement objectives in section 362AM.
	Subsection (5) sets out what OFCOM must do once OFCOM has decided whether to handle the dispute. Subsection (6) sets out the circumstances in which a dispute may be subsequently referred back to OFCOM after OFCOM have decided it is not appropriate for them to handle the dispute.