Ofcom has become particularly concerned about free-to-air Asian TV broadcaster, DM Digital after it failed to return 2008's transmission and revenue return (T and R return). This is a record of the revenues earned, costs incurred and hours broadcast under a licence.

Ofcom notifies licensees in early February each year that this return is due for each licence held and requires it to be completed by 31st March the same year.

Its 2008 "T and R return" was due on 31st March 2009. Between January and May 2009 Ofcom wrote to DM Digital seven times requesting that the broadcaster submit its "T and R return". These requests went unanswered.

On 30th November 2009 Ofcom asked DM Digital to provide formal comments in response to a possible breach of Condition, however the broadcaster failed to respond again.

Ofcom notes that this breach is the second by DM Digital in a relatively short amount of time of a significant condition of its licence. On 7th December 2009, Ofcom found DM Digital in contravention of Condition 11 of its licence for failure to provide
programme recordings "forthwith" when requested by Ofcom.

The ASA has referred DM Digital to Ofcom for the consideration of a statutory sanction. The Broadcasting Review Committee will consider this and deicide whether a statutory sanction is appropriate in this case.

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