SCHEDULES

SCHEDULE 10Recovery of OFCOM’s initial costs

I1I24End of the recovery process

1

The process set out in paragraph 3 comes to an end if a statement by OFCOM under that paragraph records that—

a

the recoverable amount is nil, or

b

all of the recoverable amount is likely to be paid or recovered.

2

Or the Secretary of State may bring that process to an end by making a determination that OFCOM are not to embark on another round of charging providers of regulated services additional fees.

3

The earliest time when such a determination may be made is after the publication of OFCOM’s first statement under paragraph 3.

4

A determination under sub-paragraph (2)—

a

must be made as soon as reasonably practicable after the publication of a statement by OFCOM under paragraph 3;

b

must be published in such manner as the Secretary of State considers appropriate.

5

A determination under sub-paragraph (2) does not affect OFCOM’s power—

a

to bring proceedings for the recovery of the whole or part of an additional fee for which a provider became liable at any time before the determination was made, or

b

to act in accordance with the procedure set out in section 141 in relation to such a liability.