ba

relate to any of the elements of a bundled contract;

2B

The power to set general conditions falling within subsection (1)(b) includes power to require negotiations relating to service interoperability or network access to be conducted through an intermediary who—

a

is independent of the parties; and

b

is either appointed by the parties with the approval of OFCOM or appointed by OFCOM.

8

In this Chapter “bundled contract” means a contract, or two or more closely related or linked contracts, between the provider of a public electronic communications service and a qualifying end-user, which—

a

relates, or together relate, to the provision of at least one of the following—

i

an internet access service; and

ii

a number-based interpersonal communications service; and

b

also relates, or together also relate, to the provision of at least one of the following—

i

another service falling within paragraph (a)(i) or (ii);

ii

any other public electronic communications service;

iii

an information society service;

iv

a content service; and

v

terminal equipment.

9

In subsection (8)—

• “content service” has the meaning given by section 32(7);

• “information society service” is to be read in accordance with Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification);

• “internet access service” has the meaning given by section 32(2B);

• “qualifying end-user” means an end-user who is—

  1. a

     an individual acting for purposes other than those of a business;

  2. b

     acting in the course of a business which is carried on by the end-user, and for which no more than 10 individuals work, whether as employees or volunteers or otherwise;

  3. c

     a not-for-profit body for which no more than 10 individuals work, whether as employees or otherwise but excluding volunteers.