Search Legislation

Advanced Search

The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

Status:

This is the original version (as it was originally made).

This section has no associated Explanatory Memorandum

42.—(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.”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources