Schedule 11: Categories of regulated user-to-user services and regulated search services: regulations Section 97: List of emerging Category 1 services
This section confers a duty on OFCOM to create and publish a list of companies that are approaching the Category 1 thresholds. This ensures that OFCOM proactively identifies rapidly scaling services and are ready to assess and add these companies to the Category 1 register without delay.
	Subsection (1) states that OFCOM must comply with this duty as soon as is reasonably practicable after the regulations specifying Category 1 threshold conditions have come into force.
	Subsection (2) sets out the conditions a service must meet to be added to the list.
	OFCOM are required to assess services against these conditions and prepare a list of emerging Category 1 services. Subsections (3)–(6) outline how OFCOM must publish and manage this list.
	Subsection (7) sets out how OFCOM can obtain or generate the necessary information or evidence for the purposes of assessing services for this list.