Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
SMP conditions: procedure
82European Commission’s powers in respect of proposals
(1)
This section applies, in the case of a notification under section 80 with respect to a proposal—
(a)
to identify a particular market; or
(b)
to make a market power determination.
(2)
If, within the representations period, OFCOM are notified by the European Commission for the purposes of Article 7(4) of the Framework Directive (market identifications that do not conform to Commission recommendations and determinations that affect trade between member States)—
(a)
that the Commission considers that giving effect to the proposal would create a barrier in relation to the single European market, or
(b)
that the Commission has serious doubts as to whether giving effect to the proposal would be compatible with the requirements of any Community obligations,
OFCOM are not to give effect to the proposal before the end of a further two months beginning with the end of the representations period.
(3)
Where, before the end of that two month period, the European Commission makes a decision in accordance with Article 7(4) of the Framework Directive that the proposal should be withdrawn, OFCOM—
(a)
must withdraw it; and
(b)
shall not be entitled to give effect to it.
(4)
In this section “the representations period”, in relation to a notification under section 80, means the period specified in that notification for the making of representations about the proposals contained in it.