Ofcom has revoked the licence held by One TV plc to provide the service ‘One TV’ (TLCS licence number 751), with immediate effect.
On 6 June 2006, Ofcom sent a final reminder for the annual licence fee (£2,000) to One TV plc (“One TV”), and notified One TV that unless the fee was paid in full within 14 days of the Final Reminder, Ofcom would consider One TV to be in breach of Condition 4(-1-) of the licence (fees), and would be minded to revoke the licence. One TV did not pay the fee and was therefore found to be in breach of its licence.
On 7 July 2006, Ofcom gave One TV a final opportunity to remedy the breach of its licence by paying the outstanding fees within one week from that date, and reminded One TV that it could not continue to provide the One TV service under its existing licence, if that licence was revoked. One TV did not pay the fee.
In accordance with its normal procedures, Ofcom has therefore revoked TLCS751 for the service ‘One TV’, with immediate effect, for breaches of Condition 4 of the licence (fees).
Ofcom investigation
Separately, One TV, a teleshopping service, was referred to Ofcom by the Advertising Standards Authority (“the ASA”) for consideration of a statutory sanction on 26 June 2006 for failure to comply with a direction. In its adjudication, published on 10 May 2006, the ASA had found One TV in breach of the BCAP Television Advertising Standards Code (“the BCAP Television Code”). The ASA had directed the broadcaster to resolve outstanding issues concerning the processing of orders and refunds and to ensure that adequate procedures were in place to meet reasonably foreseeable demand for goods, fulfil orders within 28 days, provide refunds promptly and handle enquiries. One TV failed to do so.
Ofcom has therefore been investigating whether consideration should be given to imposing on One TV a statutory sanction, for failure to comply with the ASA’s direction in respect of serious breaches of the BCAP Television Code. However, during that investigation, One TV sent Ofcom (on 2 August 2006) a statement of facts, which contained information about the financial status of the company. Ofcom was listed as one of its creditors in relation to the licence fee payment.
Since One TV’s licence has been revoked, the separate sanctions procedure relating to One TV plc’s compliance failures in respect of its service One TV, has been discontinued. One TV has ceased to provide a service under the licence.
Footnote
1.-Condition 4 of Ofcom’s Television Licensable Content Service Licence states that:
“(1) The Licensee shall pay to Ofcom such fees as Ofcom may determine in accordance with the tariff fixed by it and for the time being in force under Section 4(3) of the 1990 Act, details of which, and of any revision thereof, Ofcom shall from time to time publish in such manner as it considers appropriate (2) Payment of the fees referred to in Condition 4(1) shall be made in such manner and at such times as Ofcom shall specify.”
