Communications Act 2003 (c. 21)

Part 2 U.K. Networks, services and the radio spectrum

Chapter 1 U.K. Electronic communications networks and services

Interpretation of Chapter 1 U.K.

[F1 150A. Proposals of EU significance U.K.

(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.]

Textual Amendments

F1 S. 150A inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 89 (with Sch. 3 para. 2)