SCHEDULES

SCHEDULE 1Amendments to Communications Act 2003 and related amendments

42

In section 80 (proposals for identifying markets and for market power determinations)—

a

for subsections (1) to (6) substitute—

1

Where section 80A applies, OFCOM must comply with the applicable requirements of that section and section 80B before—

a

identifying a market for the purposes of making a market power determination, or

b

making a market power determination.

1A

Where section 80A does not apply because of subsection (2) of that section—

a

any identification of a market or market power determination must be temporary; and

b

the notification published under section 79(4) containing the identification or determination must state the period for which the identification or determination is to have effect.

1B

Where OFCOM propose to extend or make permanent any such temporary identification or determination—

a

sections 80A and 80B(1) do not apply in relation to the proposal; and

b

subsections (2) to (8) of section 80B apply in relation to the proposal as if the words from the beginning of subsection (2) to “appropriate” were omitted.

b

in subsection (7) for the words from “give effect” to the end substitute “ identify a market or make a market power determination is subject to section 83 ”.