Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

SMP apparatus conditions: subject-matter

Conditions about apparatus supply
93
1
Where OFCOM have made a determination that a person (“the dominant supplier”) has significant market power in an identified apparatus market, they may—
a
set such SMP conditions authorised by this section as they consider it appropriate to apply to that person in respect of the supply of electronic communications apparatus; and
b
apply those conditions to that person.
2
This section authorises the setting of SMP conditions of each of the following descriptions—
a
conditions requiring the dominant supplier to maintain such a separation for accounting purposes between matters relating to the supply of electronic communications apparatus and other matters as may be described in the conditions;
b
conditions imposing requirements about the accounting methods to be used in maintaining the separation; and
c
conditions imposing such rules as OFCOM may make, for the purpose of securing the maintenance of the separation, about the use of cost accounting systems.
3
This section also authorises the setting of SMP conditions imposing price controls in relation to the hiring of telephones which are hardwired to an electronic communications network.
4
Conditions set under this section must not make provision in relation to the supply of electronic communications apparatus unless the apparatus is of a description of apparatus as respects the supply of which the dominant supplier has been found to have significant market power.
5
For the purposes of this section a telephone is hardwired to an electronic communications network where, in order for it to be used with that network—
a
it has to be physically attached to apparatus comprised in the network; and
b
the attachment has to be effected by a process that requires the use of a tool.
S. 93 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))