[91A SMP services conditions: wholesale-only undertakings]

[SMP services conditions: wholesale-only undertakings]

[91A  SMP services conditions: wholesale-only undertakings]

[(1)     Subsection (2) applies where—

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

(b)     the dominant provider is not engaged in any of the following—

(i)     the provision of a public electronic communications network to end-users of public electronic communications services;

(ii)     the provision of a public electronic communications service to end-users;

(iii)     the making available of associated facilities to end-users of public electronic communications services.

(2)     OFCOM must consider whether the following

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