set such SMP conditions authorised by this section as they consider it appropriate to apply to that person in respect of the relevant network or relevant facilities; and

apply those conditions to that person.

a person who provides a public electronic communications network; and

a person who makes available facilities that are associated facilities by reference to such a network.

the provision of network access to the relevant network;

the use of the relevant network; and

the availability of the relevant facilities.

the technical and economic viability, having regard to the state of market development, of installing and using facilities that would make the proposed network access unnecessary;

the feasibility of the provision of the proposed network access;

the investment made by the person initially providing or making available the network or other facility in respect of which an entitlement to network access is proposed;

the need to secure effective competition in the long term;

any rights to intellectual property that are relevant to the proposal; and

the desirability of securing that electronic communications services are provided that are available throughout the member States.

for securing fairness and reasonableness in the way in which requests for network access are made and responded to; and

for securing that the obligations contained in the conditions are complied with within the periods and at the times required by or under the conditions.

a condition requiring the dominant provider not to discriminate unduly against particular persons, or against a particular description of persons, in relation to matters connected with network access to the relevant network or with the availability of the relevant facilities;

a condition requiring the dominant provider to publish, in such manner as OFCOM may from time to time direct, all such information as they may direct for the purpose of securing transparency in relation to such matters;

a condition requiring the dominant provider to publish, in such manner as OFCOM may from time to time direct, the terms and conditions on which he is willing to enter into an access contract;

a condition requiring the terms and conditions on which the dominant provider is willing to enter into an access contract to include such terms and conditions as may be specified or described in the condition;

a condition requiring the dominant provider to make such modifications as OFCOM may direct of any offer by that provider which sets out the terms and conditions on which he is willing to enter into an access contract.

to network access to the relevant network, or

to the availability of the relevant facilities,

such price controls as OFCOM may direct in relation to matters connected with the provision of network access to the relevant network, or with the availability of the relevant facilities;

such rules as they may make in relation to those matters about the recovery of costs and cost orientation;

such rules as they may make for those purposes about the use of cost accounting systems; and

obligations to adjust prices in accordance with such directions given by OFCOM as they may consider appropriate.

to make arrangements for a description to be made available to the public of the cost accounting system used in pursuance of that condition; and

it appears to them from the market analysis carried out for the purpose of setting that condition that there is a relevant risk of adverse effects arising from price distortion; and

so fix and maintain some or all of his prices at an excessively high level, or

so impose a price squeeze,

have regard to the prices at which services are available in comparable competitive markets;

determine what they consider to represent efficiency by using such cost accounting methods as they think fit.

OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market;

that person is the provider of an electronic communications network or a person who makes associated facilities available; and

OFCOM consider that there are exceptional circumstances making it appropriate for conditions with respect to the provision of network access to be applied to the dominant provider in addition to those that are required to be or may be applied to him apart from this section.

they have submitted the additional conditions to the European Commission for approval; and

the Commission has approved the imposition on the dominant provider of the obligations contained in those conditions.

OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market; and

it appears to OFCOM that the market is a market relating to services for the provision of public electronic communications networks for use by means of connections at fixed locations.

to make a relevant connection facility available to every person to whom he provides a public electronic communications service;

for the purpose of making such a connection facility available to such persons, to make facilities for interconnection available to a person providing an electronic communications service.

with respect to the relationship to costs of any prices fixed for the use of the facility; and

for the purpose of securing that prices and other charges imposed on the persons to whom public electronic communications services are provided by the dominant provider do not constitute a disincentive to the use of the facility.

the relevant connection facility in question;

the facilities for interconnection that are to be made available to a person providing an electronic communications service.

allows a person to whom a public electronic communications service is provided by means of an electronic communications network to select which public electronic communications service provided wholly or partly by means of that network is the service that he wishes to use; and

OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market (“the relevant market”),

the relevant market is one for the end-users of public electronic communications services that are available in that market, and

it appears to OFCOM that the test in subsection (2) is satisfied in the case of that provider,

access-related conditions; and

SMP conditions authorised or required by sections 87 to 90.

to use such cost accounting systems as may be determined by them;

to have the use of those systems audited annually by a qualified auditor; and

to publish an annual statement about compliance by the dominant provider with the obligations imposed by virtue of paragraph (a).

conditions authorised by this section that are set by OFCOM; and

the cost accounting systems used, by the persons to whom those conditions apply, in relation to the services regulated in accordance with the conditions.

OFCOM have made a determination that a person (“the dominant provider”) has significant market power in an identified services market; and

it appears to OFCOM that the market in relation to which that market power determination has been made is a market relating to the provision of any such leased lines as are for the time being identified by the European Commission in the List of Standards published in the Official Journal of the European Communities.