Part 6: Radio selection services Enforcement Section 362BR Provisional notices of contravention
This new section enables OFCOM to give a notice to a provider of a DRSS if they have reasonable grounds to believe that the person has failed or is failing to comply with their obligations under new sections 362BE, 362BG, 362BI, 362BJ or 362BN, or to any person if they have reasonable grounds to believe that the person has failed or is failing to comply with their duty under section 362BQ(9) to comply with an information notice.
	Subsections (3) to (10) set out what provisional notices of contravention must or may do in the circumstances listed in each subsection, where applicable. The provisional notice must set out OFCOM’s provisional decision as to which duty the person has breached and its reasons. OFCOM may also detail any proposed steps that the person must take to comply with the duty or remedy the contravention and/or any financial penalties OFCOM intend to impose in respect of the alleged contravention. The provisional notice must also invite the person to make representations to OFCOM about the alleged contravention with any supporting evidence within a specified time period.