Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Conditions of entitlement to provide network or service etc.

EU consultation for directions, approvals and consents
49B
1
This section applies where, after complying with section 49A(6) in relation to a proposal of
EU
significance, the responsible person wishes to proceed with it.
2
After the responsible person has made any modifications of the proposal that appear to the person to be appropriate, the person must send a copy of the proposal, and of a statement setting out the reasons for it, to—
a
the European Commission;
b
BEREC
; and
c
the regulatory authorities in every other member State.
3
If at the end of the period of one month referred to in Article 7(3) of the Framework Directive no notification has been given to the responsible person by the Commission under Article 7a(1) of that Directive, the responsible person may give effect to the proposal, with any amendments that appear to the responsible person to be appropriate.
4
Before giving effect to the proposal under subsection (3), the responsible person must consider any comments made by—
a
the Commission;
b
BEREC
; and
c
any regulatory authority in any other member State.
5
Subsections (6) to (10) apply where such a notification is given by the Commission to the responsible person during that period.
6
During the period of 3 months beginning with the notification, the responsible person must co-operate with the Commission and
BEREC
to identify the most appropriate and effective measure.
7
The responsible person may give effect to the proposal, with any modifications that appear to that person to be appropriate, within one month (or such longer period as may be allowed under paragraph (6) of Article 7a of the Framework Directive) of the Commission—
a
issuing a recommendation to amend or withdraw the proposal in accordance with paragraph (5)(a) of that Article; or
b
taking a decision to lift its reservations in accordance with paragraph (5)(b) of that Article.
8
In a case in which the responsible person is a person other than
OFCOM
and the Commission has recommended that the proposal be amended or withdrawn, the responsible person may give effect to the proposal only with the agreement of
OFCOM
.
9
In a case in which the responsible person gives effect to the proposal despite a recommendation of the Commission to amend or withdraw it, the responsible person must send to the Commission a copy of the responsible person’s reasoned justification for the decision.
10
If at the end of the period of one month referred to in paragraph (5) of Article 7a of the Framework Directive the Commission has neither issued a recommendation nor lifted its reservations in accordance with that paragraph, the responsible person may give effect to the proposal, with any modifications that appear to that person to be appropriate.
Ss. 49A-49C inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 25 (with Sch. 3 paras. 2, 7)