F1PART 4AON-DEMAND PROGRAMME SERVICES

Suspension or restriction of service

368KSuspension or restriction of service for contraventions F2or failures

(1)

The appropriate regulatory authority must serve a notice under subsection (2) on a provider of an on-demand programme service F3or a non-UK on-demand programme service that is a Tier 1 service if they are satisfied—

(a)

that the provider is in contravention of section F4368BA F5, 368CB or 368D F6... F7, or has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively;

F8(b)

that the imposition of one or more financial penalties or enforcement notifications under section 368BBF9..., 368I or 368IA has not resulted in the remedying of the contravention or failure in question; and

(c)

that the giving of a direction under this section would be appropriate and proportionate to the seriousness of the contravention F10or failure.

F11(1A)

OFCOM (as the appropriate regulatory authority) must serve a notice under subsection (2) on a provider of a Tier 1 service if they are satisfied—

(a)

that the provider is in contravention of section 368HC, 368HJ(1), 368HK(2) or 368HP,

(b)

that the imposition of one or more financial penalties or enforcement notifications under section 368I has not resulted in the remedying of the contravention, and

(c)

that the giving of a direction under this section would be appropriate and proportionate to the seriousness of the contravention.

(2)

A notice under this subsection must—

(a)

state that the appropriate regulatory authority are satisfied as mentioned in subsection (1) F12or (1A);

(b)

state the reasons why they are satisfied as mentioned in subsection (1) F13or (1A);

(c)

state that the appropriate regulatory authority will give a direction under this section unless the provider takes, within a period specified in the notice, such steps to remedy the contravention F14or failure within subsection (1)(a) F15or (1A)(a) as are so specified;

(d)

specify any conditions that the appropriate regulatory authority propose to impose in the direction under section 368M(5)(b); and

(e)

inform the provider that the provider has the right to make representations to the appropriate regulatory authority about the matters appearing to the authority to provide grounds for giving the proposed direction within the period specified for the purposes of paragraph (c).

(3)

If, after considering any representations made to them by the provider within that period, the appropriate regulatory authority are satisfied that the provider has failed to take the steps specified in the notice for remedying the contravention F16or failure and that it is necessary in the public interest to give a direction under this section, the appropriate regulatory authority must give such of the following as appears to them appropriate and proportionate as mentioned in subsection (1)(c) F17or (1A)(c)—

(a)

a direction that the entitlement of the provider to provide an on-demand programme service F18or a non-UK on-demand programme service that is a Tier 1 service is suspended (either generally or in relation to a particular service);

(b)

a direction that that entitlement is restricted in the respects set out in the direction.