F1Part 3AProminence on television selection services
Regulated television selection services
362AGAdvice from OFCOM
(1)
OFCOM may prepare reports making recommendations about the exercise of the power under section 362AF(1)(a) or (b).
(2)
Where—
(a)
the Secretary of State proposes to make regulations under section 362AF(1)(a) or (b), and
(b)
the Secretary of State has not received a report under subsection (1) relating to the television selection service or description of television selection services that would be affected by the proposed regulations,
the Secretary of State must request OFCOM to prepare a report making recommendations about the exercise of the power under section 362AF(1)(a) or (b) in relation to that service or services of that description.
(3)
Where the Secretary of State makes a request under subsection (2), OFCOM must prepare such a report as soon as practicable.
(4)
A report under subsection (1) or (3) relating to the exercise of the power under section 362AF(1)(a) must include OFCOM’s assessment of—
(a)
the number of members of the public in the United Kingdom using that service and whether that number is significant;
(b)
the manner in which that service is used by such persons;
(c)
whether that service is capable of functioning as a regulated television selection service and the modifications, if any, that are needed to make it so capable;
(5)
A report under subsection (1) or (3) relating to the exercise of the power under section 362AF(1)(b) must include OFCOM’s assessment of—
(a)
which television selection services are likely to fall within the description of television selection services in question;
(b)
such matters as OFCOM consider relevant to the assessment described in paragraph (a).
(6)
OFCOM must give the Secretary of State a report prepared under subsection (1) or (3).
(7)
If the Secretary of State exercises the power under section 362AF(1)(a) or (b) in a manner which differs materially from recommendations made in a report under this section, the Secretary of State must publish, no later than the time at which the regulations are made, a statement giving the Secretary of State’s reasons for doing so.
(8)
OFCOM must publish reports given to the Secretary of State under this section.
(9)
OFCOM must prepare and publish a statement about the principles and methods applied by OFCOM in preparing a report under subsection (1) or (3).
(10)
OFCOM may revise or replace a statement published under this section and, where they do so, must publish the revised or replacement statement.