Common use of Delineation of Responsibilities Clause in Contracts

Delineation of Responsibilities. 1.1 C&ED will take up all cases3 suspected to be in contravention of the TDO, save for those cases that will be taken up by OFCA pursuant to clause 1.2. 1.2 OFCA will take up cases in relation to any commercial practices of licensees under the TO or the BO that are directly connected with the provision of a telecommunications service or broadcasting service under the TO or BO, as the case may be, and are suspected to be in contravention of the relevant sections of the TDO4. 1.3 For the avoidance of doubt, (a) where the commercial practice of a licensee of the TO or BO involves the promotion of a telecommunications service or a broadcasting service under the TO or BO (whether or not such promotion takes place together with the promotion of other goods and/or services); and (b) the commercial practice suspected to be in contravention of the relevant sections of the TDO concerns the telecommunications or broadcasting service only, OFCA will be the responsible Enforcement Agency to deal with the case.5 C&ED will be the responsible Enforcement Agency for all other cases as given in clause 1.1 above. The delineation of responsibilities between C&ED and OFCA is illustrated in the Annex. 3 The reference to “cases” in this MOU includes complaints received by either C&ED or OFCA, proactive enquiries initiated by either of them, and matters that are otherwise brought to the attention of either of them.