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.