Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Access-related conditions

Permitted subject-matter of access-related conditions
73
1
The only conditions that may be set under section 45 as access-related conditions are those authorised by this section.
2
Access-related conditions may include conditions relating to the provision of such network access and service interoperability as appears to OFCOM appropriate for the purpose of securing—
a
efficiency ...;
b
sustainable competition ...; ...
ba
efficient investment and innovation; and
c
the greatest possible benefit for the end-users of public electronic communications services.
3
Access-related conditions may include conditions appearing to OFCOM to be appropriate for securing that persons to whom the electronic communications code applies participate ... in arrangements for—
a
sharing the use of electronic communications apparatus; and
b
apportioning and making contributions towards costs incurred in relation to shared electronic communications apparatus.
3A
The power to set access-related conditions falling within subsection (3) is to be exercised for the purpose of—
a
encouraging efficient investment in infrastructure; and
b
promoting innovation.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Access-related conditions may include conditions containing any provision required by section 75(2).
S. 73 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
S. 73 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)
Words in s. 73(2)(a) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(i) (with Sch. 3 para. 2)
Words in s. 73(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(ii) (with Sch. 3 para. 2)
Word in s. 73(2)(b) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(iii) (with Sch. 3 para. 2)
S. 73(2)(ba) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(a)(iii) (with Sch. 3 para. 2)
Words in s. 73(3) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(b) (with Sch. 3 para. 2)
S. 73(3A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(c) (with Sch. 3 para. 2)
S. 73(4) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 38(d) (with Sch. 3 para. 2)