Schedule 12: OFCOM’s powers of entry, inspection and audit Provisional notices and confirmation decisions Section 137: Confirmation decisions: penalties
This section allows OFCOM to impose financial penalties in their confirmation decision. These can be a single amount or a daily rate penalty if the failure is ongoing. Before imposing any financial penalty in their confirmation decision, OFCOM must set out the proposed amount(s) to the recipient in their provisional notice of contravention and allow the recipient the chance to make representations.
	Certain details must be included in a confirmation decision which imposes a penalty. This includes OFCOM’s reasons for imposing a penalty, the breaches that have attracted the penalty, a deadline for payment and the consequences of non-payment.