{
  "url": "https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011/schedule-1/paragraph-49",
  "json_url": "https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011/schedule-1/paragraph-49.json",
  "legislation": "uksi/2011/1210",
  "legislation_title": "The Electronic Communications and Wireless Telegraphy Regulations 2011",
  "legislation_url": "https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011",
  "path": "schedule/1/paragraph/49",
  "kind": "paragraph",
  "number": "49",
  "heading": null,
  "text": "In section 87 (SMP conditions about network access etc)—\n(a) in subsection (4)(a) after “viability” insert “ (including the viability of other network access products, whether provided by the dominant provider or another person) ”,\n(b) at the end of subsection (4)(c) insert “ (taking account of any public investment made) ”,\n(c) in subsection (4)(d) after “competition” insert “ (including, where it appears to OFCOM to be appropriate, economically efficient infrastructure based competition) ”, and\n(d) after subsection (5) insert—\n“(5A) The SMP conditions authorised by this section also include a condition which—\n(a) is of a technical or operational nature; and\n(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).\n(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.\n(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.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/1210/schedule/1/paragraph/49",
    "retrieved_at": "2026-10-29T02:07:47.179376+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}