Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP conditions: procedure

Consultation for market identifications and market power determinations
80A
1
This section applies where—
a
OFCOM
propose—
i
to identify a market for the purposes of making a market power determination; or
ii
to make a market power determination; and
b
(in the case of a services market) the proposed identification or determination is in
OFCOM
’s opinion likely to result in the setting, modification or revocation of
SMP
services conditions that will have a significant impact on the market.
2
But this section does not apply where
...
in
OFCOM
’s opinion—
a
there are exceptional circumstances; and
b
there is an urgent need to act in order to safeguard competition and to protect the interests of consumers.
3
OFCOM
must publish a notification of what they are proposing to do.
4
Notifications for the purposes of subsection (3)—
a
may be given separately;
b
may be contained in a single notification relating to both the identification of a market and the making of a market power determination in relation to that market; or
c
may be contained in a single notification under section 48A(3) with respect to the setting or modification of an
SMP
condition and either—
i
the making of the market power determination by reference to which
OFCOM
are proposing to set or modify that condition; or
ii
the making of that market power determination and the identification of the market in relation to which they are proposing to make that determination.
5
A notification under this section relating to a proposal to identify a market or to make a market power determination must—
a
state that
OFCOM
are proposing to identify that market or to make that market power determination;
b
set out the effect of the proposal;
c
give their reasons for making the proposal; and
d
specify the period within which representations may be made to
OFCOM
about their proposal.
6
That period must be a period of not less than
30 days
after the day of the publication of the notification.
7
But where
OFCOM
are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period
OFCOM
considers reasonable in those circumstances.
8
The publication of a notification under this section must be in such manner as appears to
OFCOM
to be appropriate for bringing the contents of the notification to the attention of the persons who, in
OFCOM
’s opinion, are likely to be affected by the matters notified.
9
OFCOM
must—
a
consider every representation about the proposal made to them during the period specified in the notification; and
b
have regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
10
...
OFCOM
may then give effect to
the proposal
, with any modifications that appear to
OFCOM
to be appropriate.
Words in s. 80A(10) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 26(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
Word in s. 80A heading substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 26(4); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 80A(2) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 26(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 80A(6) substituted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 36
Words in s. 80A(10) substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 26(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Ss. 80A, 80B inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 43 (with Sch. 3 paras. 2, 11)