# The Electronic Communications and Wireless Telegraphy Regulations 2011, Paragraph 49


In section 87 (SMP conditions about network access etc)—
(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) ”,
(b) at the end of subsection (4)(c) insert “ (taking account of any public investment made) ”,
(c) in subsection (4)(d) after “competition” insert “ (including, where it appears to OFCOM to be appropriate, economically efficient infrastructure based competition) ”, and
(d) 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.”

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Source: https://www.legislation.gov.uk/uksi/2011/1210/schedule/1/paragraph/49 (the official version)
Page: https://openlegislation.uk/electronic-communications-and-wireless-telegraphy-regulations-2011/schedule-1/paragraph-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.