Part 6: Radio selection services Enforcement Section 362BS Confirmation decisions: general
This new section applies where OFCOM have given a person a provisional notice of contravention in relation to a failure to comply with a duty or duties, and the period for representations has expired.
	Subsection (2) requires OFCOM to decide whether, after considering any representations made and supporting evidence, to provide the person with a "confirmation decision" under this new section. If OFCOM decide not to give a confirmation decision, they must tell the person that (subsection (5)).
	Subsection (6) requires that a confirmation decision state that OFCOM are satisfied that the person has failed or been failing to comply with one or more notified duties, and gives their reasoning. Subsection (7) enables OFCOM to specify in the confirmation decision steps that OFCOM consider appropriate for the person to take to comply and remedy any failures.
	Subsection (8) provides for penalties which OFCOM may specify in a confirmation decision, where the provisional notice of contravention proposes imposing penalties. The penalty specified in OFCOM’s confirmation decision can be greater than the amount proposed in the provisional notice (subsection (9).
	Subsection (10) states that OFCOM may give a confirmation decision under this Part to a person who was, but is no longer a provider of a DRSS, if the person was providing the service at the time of the failure set out in the confirmation decision.