Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

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.