Paragraph 49

in subsection (4)(a) after “viability” insert “ (including the viability of other network access products, whether provided by the dominant provider or another person) ”,

at the end of subsection (4)(c) insert “ (taking account of any public investment made) ”,

in subsection (4)(d) after “competition” insert “ (including, where it appears to OFCOM to be appropriate, economically efficient infrastructure based competition) ”, and

after subsection (5) insert—

“(5A)

The SMP conditions authorised by this section also include a condition which—

(a)

is of a technical or operational nature; and

(b)

appears to OFCOM to be appropriate for securing the proper operation of an electronic communications network in compliance with a condition under subsection (3).

(5B)

A condition falling within subsection (5A) may provide that compliance with the condition is not required unless a person on whom an entitlement is or may be conferred in pursuance of a requirement imposed by a condition under subsection (3) fulfils such technical or operational requirements as may be specified by OFCOM.

(5C)

It shall be the duty of OFCOM, when setting a condition falling within subsection (5A), to ensure that it contains all such provision as they consider appropriate for the purpose of taking account of the relevant international standards.”