Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Access-related conditions

Modification and revocation of conditions imposed under s. 75
76
1
This section applies in the case of conditions falling within section 75(2) which have been set by OFCOM in relation to a particular person (“the system provider”).
2
OFCOM must not give effect to a proposal to modify or revoke any of the conditions unless—
a
they have carried out an analysis for the purpose of determining in accordance with this Chapter whether that person is or remains a person on whom SMP services conditions are capable of being imposed;
b
they have determined in consequence of that analysis that he is not; and
c
they are satisfied that the modification or revocation will not have an adverse effect on any or all of the matters mentioned in subsection (3).
3
Those matters are—
a
the accessibility to any persons of services that are for the time being included in the list of must-carry services in section 64;
b
the prospects for effective competition in the market for programme services provided by being broadcast or otherwise transmitted in digital form; and
c
the prospects for effective competition in the markets for conditional access systems and other associated facilities.
4
In this section “conditional access system” has the same meaning as in section 75.