Recommendation 9

We acknowledge the Government’s preference to avoid putting in primary legislation a number specifying what a “significant” number of users is and what “used by” means. In order to adapt to reflect changes in technology and audience habits, we believe that these terms may be best judged by Ofcom under delegated powers. Accordingly, we welcome Ofcom’s role in informing the regulations designating or specifying radio selection services and the duty on the Secretary of State to give reasons if her regulations differ materially from Ofcom’s recommendations.