Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP services conditions: subject-matter

Conditions about network access in exceptional cases
89
1
This section applies where—
a
OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market;
b
that person is the provider of an electronic communications network or a person who makes associated facilities available; and
c
OFCOM consider that there are exceptional circumstances making it appropriate for conditions with respect to the provision of network access to be applied to the dominant provider in addition to those that are required to be or may be applied to him apart from this section.
2
OFCOM may set the additional SMP conditions and apply them to the dominant provider ...
Words in s. 89(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. 33; 2020 c. 1, Sch. 5 para. 1(1)
S. 89 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))
S. 89 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)