Part 2: Prominence on television selection services References of disputes to OFCOM Section 362AX Resolution of referred disputes
This new section applies where OFCOM makes a determination for resolving a dispute (see new section 362AW(2).
	Subsection (2) set out the powers available to OFCOM in order to resolve a dispute, which they must exercise in a way they consider most appropriate for meeting the agreement objectives (new section 362AM). Subsection (4) enables OFCOM to take account of the decisions made by others to resolve a dispute by alternative means when exercising their powers, where the dispute in question has subsequently been referred back to OFCOM. This may include ratifying those decisions already taken by others.
	Subsections (5), (6) and (7) enable OFCOM to require one party to pay the costs incurred by the other party during the dispute, or to pay OFCOM in respect of the dispute costs incurred on them. OFCOM cannot require a party to make payments to another party or to OFCOM under subsection (5) unless they have considered the conduct of the party before and after the dispute was referred and whether or not OFCOM’s determination (either as a whole or in part) is in favour of that party.
	Subsection (8) provides that determinations made by OFCOM to resolve disputes are binding on the parties to those disputes.