The Telecommunications (Licence Modification) (Regional Public Access Mobile Radio Operator Licences) Regulations 2000

PROVISION OF MOBILE RADIO TELECOMMUNICATION SERVICES TO SERVICE PROVIDERS

10.1  Where:

(a) a determination has been made which applies to the Licensee for the purposes of Condition 9 above; and

(b) the determination under paragraph (a) above is in relation to the provision of Mobile Radio Telecommunication Services;

subject to the following provisions of this Condition, the Licensee shall at the written request of a Service Provider or a person intending to be a Service Provider provide Mobile Radio Telecommunication Services by means of the Applicable Systems to that Service Provider or that person if that Service Provider or that person is able to demonstrate to the reasonable satisfaction of the Licensee that:

(i) during the most recent year for which published accounts of that Service Provider are available not less than 80 per cent by value of the telecommunication services provided by the Licensee to that Service Provider by means of the Applicable Systems were resold to persons outside that Service Provider’s Group; or

(ii) in the event that no such telecommunication services were provided to that person for resale during that financial year not less than 80% by value of the telecommunication services to be provided by the Licensee to that person by means of the Applicable Systems during the following financial year will be resold to persons outside that person’s Group.