# The Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998, Regulation 6: Significant Market Power


(1) For the purposes of the Revised Voice Telephony Directive and of these Regulations, the Director shall determine, in accordance with paragraph (3) below on the coming into force of these Regulations and from time to time, whether a public operator is an operator having significant market power which provides:
(a) a fixed public telephone system; or
(b) voice telephony services; or
(c) both such a system and such services.
(2) For the purposes of the Revised Voice Telephony Directive and of these Regulations, the Director shall determine in accordance with paragraph (3) below, on the coming into force of these Regulations and from time to time, whether a systemless service provider providing voice telephony services is an operator having significant market power.
(3) In making such a determination under paragraphs (1) or (2) above it shall be presumed that:
(a) a public operator which has 25% or more of the relevant market in the geographical area within which it is licensed to operate has significant market power;
(b) a systemless service provider which has 25% or more of the relevant market in the United Kingdom has significant market power; and
(c) a public operator which has less than 25% of the relevant market in the geographical area within which it is licensed to operate does not have significant market power;
(d) a systemless service provider which has less than 25% of the relevant market in the United Kingdom does not have significant market power;
unless having regard to the public operator’s or systemless service provider's, as the case may be, ability to influence market conditions, turnover relative to the size of the market, control of the means of access to end-users, access to financial resources and experience in providing products and services in the market, the Director determines the contrary.
(4) The Director shall notify the Secretary of State of the determinations which he has made under paragraphs (1) and (2) above and the Secretary of State shall notify determinations under paragraphs (1) and (2) to the Commission.

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Source: https://www.legislation.gov.uk/uksi/1998/1580/regulation/6 (the official version)
Page: https://openlegislation.uk/telecommunications-open-network-provision-voice-telephony-regulations-1998/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.