# The Electronic Communications (Market Analysis) Regulations 2003, Regulation 7: Notifications for conditions set by reference to market power determination


(1) Following the publication of a notification under regulation 6 which sets out proposals about the making of a market power determination (“the market power notification”), the Director may publish further notifications setting out one or more of the following—
(a) conditions or further conditions that he is proposing to set by reference to the market power determination proposed in the market power notification; and
(b) modifications which he is proposing to make to the proposals to set conditions set out in the market power notification.
(2) A further notification must set out—
(a) the market power determination proposed in the market power notification;
(b) where the market power notification included proposals for the setting of conditions in accordance with paragraph (4) of regulation 6—
(i) any modification (if any) of those proposals which the Director is proposing to make; and
(ii) any further conditions (if any) the Director is proposing to set by reference to the market power determination proposed in the market power notification;
(c) where the market power notification did not include proposals for the setting of conditions in accordance with paragraph (4) of regulation 6, any conditions which the Director is proposing to set by reference to the market power determination proposed in the market power notification;
(d) the effect of making those modifications and setting those conditions;
(e) the reasons for proposing to make those modifications and set those conditions; and
(f) the period within which representations about the proposals set out in the further notification in accordance with paragraphs (b) and (c) may be made to the Director.
(3) The period specified for the purpose of paragraph (2)(f) must be one of not less than one month, beginning with the day after the day on which the notification is published.
(4) The Director may give effect, with or without modifications, to a proposal to make a modification to proposals to set conditions in the market power notification, only if he has considered every representation about the proposal that is made to him within the period specified in the notification; and the way in which the Director gives effect to such a proposal is by the publication of a notification.
(5) The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director’s opinion, are likely to have an interest in, or be affected by, it.
(6) Any proposed conditions or modification to conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.

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Source: https://www.legislation.gov.uk/uksi/2003/330/regulation/7 (the official version)
Page: https://openlegislation.uk/electronic-communications-market-analysis-regulations-2003/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.