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Communications Act 2003

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This is the original version (as it was originally enacted).

SMP apparatus conditions: subject-matter

93Conditions about apparatus supply

(1)Where OFCOM have made a determination that a person (“the dominant supplier”) has significant market power in an identified apparatus market, they may—

(a)set such SMP conditions authorised by this section as they consider it appropriate to apply to that person in respect of the supply of electronic communications apparatus; and

(b)apply those conditions to that person.

(2)This section authorises the setting of SMP conditions of each of the following descriptions—

(a)conditions requiring the dominant supplier to maintain such a separation for accounting purposes between matters relating to the supply of electronic communications apparatus and other matters as may be described in the conditions;

(b)conditions imposing requirements about the accounting methods to be used in maintaining the separation; and

(c)conditions imposing such rules as OFCOM may make, for the purpose of securing the maintenance of the separation, about the use of cost accounting systems.

(3)This section also authorises the setting of SMP conditions imposing price controls in relation to the hiring of telephones which are hardwired to an electronic communications network.

(4)Conditions set under this section must not make provision in relation to the supply of electronic communications apparatus unless the apparatus is of a description of apparatus as respects the supply of which the dominant supplier has been found to have significant market power.

(5)For the purposes of this section a telephone is hardwired to an electronic communications network where, in order for it to be used with that network—

(a)it has to be physically attached to apparatus comprised in the network; and

(b)the attachment has to be effected by a process that requires the use of a tool.

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