Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP conditions: procedure

Cases where review required
86
1
OFCOM must not set an SMP services condition by a notification which does not also make the market power determination by reference to which the condition is set unless—
a
the condition is set by reference to a market power determination which has been reviewed under section 84 and, in consequence of that review, is confirmed in the notification setting the condition; or
b
the condition is set by reference to a market power determination made in relation to a market in which OFCOM are satisfied there has been no material change since the determination was made.
2
OFCOM must not modify or revoke SMP services conditions applying to a person except in a case falling within subsection (3) or (4).
3
The first case is where, for the purpose of determining whether to make the modification or revocation, OFCOM have—
a
carried out a further analysis under section 84 of the market in question; and
b
reviewed the market power determination for the time being in force in that person’s case.
4
The second case is where OFCOM are satisfied that there has not—
a
in the case of an unmodified condition, since the condition was set, or
b
in any other case, since the condition was last modified,
been a material change in the market identified or otherwise used for the purposes of the market power determination by reference to which the condition was set or last modified.
5
OFCOM must not modify SMP apparatus conditions applying to a person except where, for the purpose of determining whether to make the modification or revocation, they have—
a
carried out a further analysis under section 85 of the market in question; and
b
reviewed the market power determination for the time being in force in that person’s case.
6
A change is a material change for the purposes of subsection (1) or (4) if it is one that is material to—
a
the setting of the condition in question; or
b
the modification or revocation in question.
S. 86 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))