Sch 1 para 41
(1) Section 87 (conditions about network access etc.) is amended as follows. (2) After subsection (3) insert— (3A) The assets as respects which entitlements may be given under subsection (3) include, in the case of assets which are not active, any which, although forming part of the relevant network or the relevant facilities, do not form part of the services market to which the determination relates. (3) In subsection (4)— (a) after paragraph (b) insert— (ba) any technological developments that, in OFCOM's opinion, are likely to affect the design and management of the relevant network or (as the case may be) the relevant facilities; (bb) the need to ensure that the provision of the proposed network access does not have the effect of favouring one form of technology over another in relation to the design and management of electronic communications networks; (b) in paragraph (d), after “term” insert “ and to support innovative business models that support sustainable competition ” .