The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020

83.—(1) Section 9 (terms, provisions and limitations)(1) is amended as follows.

(2) In subsection (1A) (as it has effect until its repeal by the Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019), for “Part B of the Annex to Directive 2002/20/EC of the European Parliament and of the Council” substitute “Part D of Annex 1 to the EECC Directive”.

(3) In subsection (4), after paragraph (c) insert—

“(ca) terms or provisions requiring the holder of the licence to enter into wholesale roaming access agreements in specified circumstances on terms specified or described in the licence;”.

(4) After subsection (7) insert—

“(7A) In this section “wholesale roaming access agreement”, in relation to the holder of a wireless telegraphy licence, means an agreement between the holder and the provider of a public electronic communications service that depends on the use of wireless telegraphy (“the roaming provider”) for the purpose of enabling public electronic communications services to be provided to the customers of the roaming provider in all or part of the area to which the licence relates.”.

(1)

Section 9 was amended by S.I. 2009/2979 and S.I. 2011/1210 and subsection (1A) is prospectively repealed by S.I. 2019/246.