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5.—(1) Before giving a retention notice, the Secretary of State must, among other matters, take into account—
(a)the likely benefits of the notice,
(b)the likely number of users (if known) of any telecommunications service to which the notice relates,
(c)the technical feasibility of complying with the notice,
(d)the likely cost of complying with the notice, and
(e)any other impact of the notice on the public telecommunications operator (or description of operators) to whom it relates.
(2) Before giving such a notice, the Secretary of State must take reasonable steps to consult any operator to whom it relates.
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