Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

SMP conditions: procedure

84AF2Timing of services market identifications and determinations

1

This section makes provision about the exercise by OFCOM of their powers—

a

to identify and analyse services markets;

b

to make and review market power determinations in respect of such markets; and

c

to set, modify and revoke SMP services conditions by reference to such determinations.

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where, following the identification and analysis of a services market, OFCOM have made a market power determination in relation to it, they must ensure that within the specified period they have—

a

carried out a further analysis of the market and reviewed the identification and determination made on the basis of the earlier analysis; F1...

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Subsection (3) applies only where the market power determination was made after 25 May 2011.

F55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37

In subsection (3), “the specified period” means the period of 5 years from the publication under section 79(4) of the notification of the market power determination made on the basis of the earlier analysis, but this is subject to subsection (8).

8

If, in relation to an analysis and review that would otherwise be required within the period mentioned in subsection (7), OFCOM are of the opinion that exceptionally a longer period is justified, OFCOM may, by publishing a statement of the reasons for their opinion, extend the specified period by up to one additional year.