Part 2: Prominence on television selection services Enforcement Section 362AZ Provisional notices of contravention
This new section enables OFCOM to give a notice to the provider of a designated IPS or a provider of a RTSS if they have reasonable grounds to believe that the person has failed or is failing to comply with their obligations under:
new sections 362AD, 362AJ or 362AN (duties of providers of designated internet programme services under this Part), or
new section 362AH, 362AK or 362AO (duties of providers of regulated television selection services under this Part).
	Subsection (2) also enables OFCOM to give a notice 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 362AS(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 intends 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.