Enforcement procedures

In the Radiocommunications Regulations 2001, the remedies for breaching a licence agreement are suspension or revocation of the offender’s licence, but, as a first step, this is somewhat heavy-handed. A staged procedure is proposed.
 

• The managing agency writes to the alleged offender, identifying the breach and requesting (a) an explanation and (b) proposed remedies. The broadcaster must respond within ten working days.
• If the breach is not remedied, the agency invites the broadcaster to discuss and agree a course of action that will resolve it. The broadcaster must respond within ten working days.
• If the breach continues not to be remedied, the agency gives notice to the broadcaster that its licence agreement is suspended and that it must cease broadcasting until a remedy acceptable to the agency has been implemented.
• If the managing agency:
  • is not satisfied that the broadcaster has remedied a breach of its licence agreement within twenty working days of the agreement being suspended; or
  • considers that a breach previously remedied has been repeated; or
  • considers that a breach is incapable of remedy; or
  • considers that the broadcaster has breached any law;
     

the licence agreement is terminated and the Chief Executive of MED is advised to cancel the licence. A copy of the advice should also be provided to the funding agency if the station is in receipt of such funding.

Either party may, at any stage of the process, request the services of a moderator or elect to go to arbitration.