Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP conditions: procedure

Timing of services market identifications and determinations
84A
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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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; ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Subsection (3) applies only where the market power determination was made after 25 May 2011.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
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.
S. 84A(3)(b) and word 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. 31(3); 2020 c. 1, Sch. 5 para. 1(1)
S. 84A inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 47 (with Sch. 3 para. 2)
S. 84A(7)(8) substituted for s. 84A(7) (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(3)(a), Sch. 1 para. 74
S. 84A(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. 31(2); 2020 c. 1, Sch. 5 para. 1(1)
S. 84A(5)(6) 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. 31(4); 2020 c. 1, Sch. 5 para. 1(1)