SCHEDULE 1Amendments of primary legislation
PART 1Amendments of Communications Act 2003 coming into force on 21st December 2020
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1
Section 88 (conditions about network access pricing etc.) is amended as follows.
2
In subsection (1)(b)—
i
at the end of sub-paragraph (ii), omit “and”;
ii
at the end of sub-paragraph (iii), insert “
having regard, where relevant to the market analysis, to the long-term interests of end-users in the use of next-generation networks; and
”
;
iii
after sub-paragraph (iii) insert—
iv
where relevant to the market analysis, promoting the availability and use of new and enhanced networks.
3
After subsection (1) insert—
1A
Even if the tests in subsection (1)(a) and (b) are satisfied, OFCOM may consider not imposing an SMP condition if they consider—
a
that a demonstrable retail price constraint is present; and
b
that obligations imposed by SMP conditions not falling within section 87(9) ensure effective and non-discriminatory access.
4
For subsection (2) substitute—
2
In setting an SMP condition falling within section 87(9), OFCOM must take account of—
a
the extent of the investment in the matters to which the condition relates of the person to whom it is to apply; and
b
where the condition involves price controls on the provision of network access to existing network elements, the benefits of predictable and stable wholesale prices in ensuring—
i
efficient market entry; and
ii
sufficient incentives for all undertakings to bring into operation new and enhanced networks.