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Communications Act 2003

Section 83: Special rules for transnational markets

209.When the European Commission identifies a transnational services market that includes the United Kingdom, OFCOM are required to make arrangements with all other relevant regulatory authorities to deal with the following issues:

  • the identification of the market;

  • assessing whether a person has SMP in the relevant transnational services market(s);

  • the setting of appropriate SMP services conditions as well as the modification or revocation of such conditions; and

  • the procedures to be followed to secure that OFCOM and other regulatory authorities comply with their agreed arrangements.

210.This implements Articles 2(b), 15(4) and 16(5) of the Framework Directive.

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