Explanatory Notes

Communications Act 2003

2003 CHAPTER 21

17 July 2003

Commentary on Sections

Part 2: Networks, Services and the Radio Spectrum

Chapter 1: Electronic Communications Networks and Services
Section 105: Consideration and determination of network access questions

252.This section applies where a network access question has arisen and needs to be determined and OFCOM consider that, for the purpose of determining that question, it would be appropriate for them to exercise their powers to set, modify or revoke access-related conditions authorised by section 73(2) or (4) or SMP services conditions authorised by section 87.

253.Before considering whether, for the purposes of determining the network access question, to set, modify or revoke access-related conditions authorised by section 73(2) or (4) or SMP services conditions authorised by section 84, OFCOM must publish a notification of their proposal. If, after considering the network access question, OFCOM decide not to set, modify or revoke such conditions, they must publish a notification of their decision. This section implements Article 5(4) of the Access Directive.