Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Interpretation of Chapter 1
F1150A.Proposals of EU significance
(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.