[89A Functional separation]

[89A  Functional separation]

[(1)     This section applies where—

(a)     OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market;

(b)     that person is the provider of a public electronic communications network or a person who makes available facilities that are associated facilities by reference to such a network;

(c)     it appears to OFCOM that the setting of conditions applying to the dominant provider under section 87 (and, where OFCOM think it appropriate, section 88) has failed

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