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

The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 Sch 1 para 11

Sch 1 para 11

(1) Section 46 (persons to whom conditions may apply) is amended as follows. (2) After subsection (5) insert— (5A) A social tariff condition may be applied— (a) generally to every person providing a public electronic communications service; (b) generally to every person providing such a service of a particular description specified in the condition; or (c) to a particular person specified in the condition. (3) In subsection (6), for the “and” at the end of paragraph (a) substitute— (aa) in the case of a condition falling within section 74(2A), must be— (i) a person providing a public electronic communications network; or (ii) the owner of a line or associated facility; (ab) in the case of a condition falling within section 74A, must be a person who provides an electronic communications network; and (4) After subsection (8) insert— (8A) A person whom OFCOM have previously determined to be a person having significant market power in a services market but whom OFCOM determine no longer to be a person having significant market power in that market is to be treated as continuing to fall within subsection (8) for so long as OFCOM consider necessary to ensure a sustainable transition for those benefitting from obligations imposed on that person as a result of the previous determination.

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