Paragraph 16 I1I2

Section 102 (power of OFCOM to impose penalty) is amended as follows.

Before subsection (1) insert—

“(A1)

If OFCOM—

(a)

are satisfied that a person other than the BBC or S4C who is the provider of a relevant service has failed to comply with section 101(1), and

(b)

are not satisfied that in all the circumstances it would be unreasonable to have expected the person to have complied with that provision,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

(B1)

If OFCOM are satisfied that, in connection with an application for consent for the purposes of section 101(5), a person other than the BBC or S4C who is the provider of a relevant service has—

(a)

provided them with information which was false in a material particular, or

(b)

withheld any material information with the intention of causing OFCOM to be misled,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.”

In subsection (1)(a), omit “subsection (1) of section 101 or”.

in subsection (2), for “under subsection (1) of section 101 or” substitute “for the purposes of”.

In subsection (3), after “subsection” insert “(A1), (B1),”.

In subsection (4)(a), after “means” insert

“—

(i)

in relation to a financial penalty imposed under subsection (A1) or (B1), an amount determined by OFCOM to be the value of the rights to include coverage of the event in question in the relevant service at the time when the rights are acquired, and

(ii)

in relation to a financial penalty imposed under subsection (1) or (2),”.

In subsection (6), after “subsection” insert “(A1), (B1),”.

In subsection (7), after “subsection” insert “(A1), (B1),”.