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The Electronic Communications and Wireless Telegraphy Regulations 2011

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Communications Act 2003

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89.  Before section 151 (but after the cross-heading immediately before it) insert—

Proposals of EU significance

150A.(1) This section applies in relation to a proposal—

(a)to set, modify or revoke a condition under section 45;

(b)to give a direction, approval or consent for the purposes of such a condition;

(c)to modify or withdraw such a direction, approval or consent;

(d)to identify a market for the purposes of making or reviewing a market power determination; or

(e)to make or review a market power determination.

(2) The proposal is of EU significance for the purposes of this Chapter if—

(a)paragraph (3) of Article 7 of the Framework Directive applies, or would apply but for paragraph (9) of that Article, in relation to it;

(b)(in a case within paragraph (a), (b) or (c) of subsection (1)) the condition is an access-related condition falling within section 73(2) or an SMP services condition;

(c)(in a case within paragraph (d) or (e) of subsection (1)) the market in question is a services market; and

(d)in OFCOM’s opinion it would affect trade between member States.

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