OpenLegislation

Section 89 Conditions about network access in exceptional casesI1I2

(1)

This section applies where—

(a)

OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market;

(b)

that person is the provider of an electronic communications network or a person who makes associated facilities available; and

(c)

OFCOM consider that there are exceptional circumstances making it appropriate for conditions with respect to the provision of network access to be applied to the dominant provider in addition to those that are required to be or may be applied to him apart from this section.

(2)

OFCOM may set the additional SMP conditions and apply them to the dominant provider F1...

Annotations

Textual amendments

F1

Words in s. 89(2) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 33; 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

S. 89 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2

S. 89 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)