OFCOM must carry out a consultation to inform the setting of the threshold figure for the purposes of sections 83 and 84, consulting such persons as they consider appropriate.

After the completion of the consultation, and having taken advice from OFCOM, the Secretary of State must make regulations specifying the threshold figure for those purposes.

The Secretary of State must keep the threshold figure under review.

If the Secretary of State considers that it may be appropriate to revise the threshold figure, the Secretary of State may request OFCOM to carry out a further consultation, and subsections (1) and (2) apply again.

Regulations must provide that a threshold figure is to take effect from the beginning of a particular charging year.

Regulations specifying a threshold figure must be in force at least nine months before the beginning of the first charging year for which that figure is to have effect.

But subsection (6) does not apply in relation to the first regulations made under this section.