62 Enforcement of digital sound programme licences

62  Enforcement of digital sound programme licences

(1)     If [OFCOM] are satisfied that the holder of a digital sound programme licence has failed to comply with any condition of the licence or with any direction given by [OFCOM] under or by virtue of any provision of this Part, they may (subject to the following provisions of this section) serve on him—

(a)     a notice requiring him to pay, within a specified period, a specified financial penalty to [OFCOM],

(b)     a notice providing that the licence is to expire on a specified date, which shall be at least one year from the date of service of the notice, and

(c)     a notice suspending the licence for a specified period not exceeding six months.

(2)     The amount of any financial penalty imposed in pursuance of subsection (1)(a) on the holder of a national digital sound programme licence shall not exceed [the maximum penalty given by subsection (2A)].

[(2A)     The maximum penalty is whichever is the greater of—

(a)     £250,000; and

(b)     5 per cent of the aggregate amount of the shares of multiplex revenue attributable to him in relation to relevant multiplex services in respect of relevant accounting periods.]

(4)     In [subsection

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