87 Conditions about network access etc
Communications Act 2003 (2003 c 21) | Legislation

SMP services conditions: subject-matter

87  Conditions about network access etc

(1)     Where OFCOM have made a determination that a person to whom this section applies (“the dominant provider”) has significant market power in an identified services market, they shall—

(a)     set such SMP conditions authorised by this section as they consider it appropriate to apply to that person in respect of the relevant network or relevant facilities; and

(b)     apply those conditions to that person.

(2)     This section applies to—

(a)     a person who provides a public electronic communications network; and

(b)     a person who makes available facilities that are associated facilities by reference to such a network.

(3)     This section authorises SMP conditions requiring the dominant provider to give such entitlements as OFCOM may from time to time direct as respects—

(a)     the provision of network access to the relevant network;

(b)     the use of the relevant network; and

(c)     the availability of the relevant facilities.

[(3A)     The assets as respects which entitlements may be given under subsection (3) include, in the case of assets which are not active, any which, although forming part of the relevant network or the relevant facilities, do not form

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