Schedule 12: OFCOM’s powers of entry, inspection and audit Provisional notices and confirmation decisions Section 130: Provisional notice of contravention
This section addresses the process of starting enforcement. OFCOM must first issue a "provisional notice of contravention" to an entity before they reach their final decision about whether to issue a confirmation decision, including any specific steps the service will be required to take and/or any financial penalty that will be imposed as a result.
	The provisional notice of contravention must be sent to the relevant entity or person. This notice sets out OFCOM’s provisional decision that an entity has breached its duties, sets out how it has failed, or is failing, and the evidence OFCOM have of this. The notification must detail any proposed requirements that the person must take to comply with the duty or requirement, or remedy the contravention and/or the financial penalties OFCOM intend to impose.
	Subsection (8) establishes a process for recipients of provisional notices to make representations to OFCOM, and provide evidence in response to the provisional findings set out in the notice. OFCOM’s notice has to explain this process, and give a deadline for providing representations. This process means that OFCOM can only reach a final decision after allowing the recipient the chance to make representations.