[comradio-l] General procedures for investigating breaches of broadcast licences - Ofcom

[CMA-L]

Ofcom has today set out General procedures for investigating breaches of
broadcast licences<http://stakeholders.ofcom.org.uk/consultations/general-procedures/statement/?utm_source=updates&utm_medium=email&utm_campaign=sanctionprocedures>,
following consultation.



As a requirement of broadcasters’ licences, they must comply with a number
of licence conditions. Ofcom will launch an investigation if it considers
that there may have been a breach of any of those conditions.



Ofcom already has in place the following published procedures for the
assessment and investigation of compliance with specific licence
conditions:

   - the Procedures for investigating breaches of content standards for
   television and
radio<http://stakeholders.ofcom.org.uk/broadcasting/guidance/complaints-sanctions/standards/>
   ;

   - the Procedures for the consideration and adjudication of Fairness &
   Privacy complaints<http://stakeholders.ofcom.org.uk/broadcasting/guidance/complaints-sanctions/fairness/>;
   and

   - the Enforcement Guidelines, Ofcom’s guidelines for the handling of
   competition complaints and complaints concerning regulatory
rules<http://stakeholders.ofcom.org.uk/consultations/draft-enforcement-guidelines/enforcement-guidelines/>relating
to fair and effective competition in the provision of broadcast
   services.

There have previously been no published procedures to cover how Ofcom
investigates potential breaches of other licence conditions. In such cases,
Ofcom has notified broadcasters directly of how it would conduct each
investigation.



To ensure its processes are as transparent, effective, fair and efficient
as possible, Ofcom has published General procedures for investigating
breaches of broadcast licences. These will sit alongside the other existing
procedures set out above, which remain in force.



Under the General Procedures, Ofcom:


   - has introduced a new initial assessment stage following a complaint;
   - will publish a complaints list of cases that have been assessed but
   not pursued in an investigation;
   - will publish a list of new investigations;
   - will publish details about decisions following investigations;
   - will standardise the time for broadcasters to provide recordings to
   five working days; and
   - will introduce key performance indicators for meeting assessment of
   complaints (15 working days) and completion of investigations (50 working
   days).

The General Procedures come into force today.



\\


Community Media Association

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