Part 2: Prominence on television selection services Supplemental provisions of Part 3A Section 362AZ7 Non-payment of fee
This new section enables OFCOM to give a notice to the provider of a designated IPS or a RTSS in the event either party fails to pay a fee under section 362AZ6. Within this notice OFCOM may specify the outstanding amount of the fee they consider the provider is due to pay and the period within which the provider must pay it (subsection 2). Under subsection (4) the provider can make representations to OFCOM in relation to the notice. If, after the period allowed for representations has expired and OFCOM are still satisfied that an amount is still owed to them in respect of unpaid fees, OFCOM may give the provider a penalty notice, under subsection (6), requiring the provider to pay to OFCOM a penalty of an amount determined by OFCOM. The payment of penalties can be enforced by proceedings brought in the civil courts (see paragraph 6 of new Schedule 16A referenced below).