Part 3B

Regulation of radio selection services

Designated radio selection services

Advice from OFCOM
362BC
1
OFCOM may prepare reports making recommendations about the exercise of the power under
section 362BB
(1)
.
2
Where—
a
the Secretary of State proposes to make regulations under
section 362BB
(1)
, and
b
the Secretary of State has not received a report under
subsection (1)
relating to the radio selection service or services that would be affected by the proposed regulations,
the Secretary of State must request OFCOM to prepare a report making recommendations about exercising the power under
section 362BB
(1)
in relation to that service or those services.
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 362BB
(1)
must include OFCOM’s assessment, in relation to each radio selection service in question, of—
a
the number of members of the public using the service;
b
the manner in which the service is used by those persons;
c
whether the level of use of the service is significant;
d
such matters as OFCOM consider likely to affect the matters referred to in
paragraph (a)
,
(b)
or
(c)
.
5
Where OFCOM prepares a report under
subsection (1)
or
(3)
, OFCOM must—
a
give it to the Secretary of State, and
b
publish it.
6
If the Secretary of State exercises the power under
section 362BB
(1)
in a manner which differs 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 of the reasons for doing so.
7
OFCOM must draw up, and from time to time review and revise, a statement about the principles and methods to be followed by OFCOM when preparing reports under
subsection (1)
or
(3)
.
8
OFCOM must publish the statement and any revised statement.
Pt. 3B inserted (23.8.2024 except for the insertion of ss 362BI, 362BJ, 362BN) by Media Act 2024 (c. 15), ss. 48(1), 55(3)(f); S.I. 2024/858, reg. 2(1)(s)