PART A: U.K.DETERMINATION BY THE DIRECTOR OF MARKET INFLUENCE
Condition 9U.K.
DETERMINATION BY THE DIRECTOR OF MARKET INFLUENCEU.K.
9.1 The Director may, in accordance with the procedure set out in paragraph 6 of Part 1 of this Licence, determine the Licensee to be an Operator having market influence in relation to any particular market specified by him where the Licensee has the ability to raise prices above the competitive level in that market for a non-transitory period without losing sales to such a degree to make this unprofitable. In making such a determination, the Director may, in addition to any other factors which appear relevant to him, take into account all or any of the following factors:
— level of entry barriers;
— vertical integration;
— number of active competitors;
— market share;
— extent of countervailing power among buyers;
— the extent of any recent market entry or exit;
— trends in market share and concentration;
— pricing behaviour;
— the level of profits; and
— the influence of other members of the Licensee’s Group operating in the same or similar markets which the Director is minded to specify for the purpose of this Condition.
Condition 10U.K.
PROVISION OF MOBILE RADIO TELECOMMUNICATION SERVICES TO SERVICE PROVIDERSU.K.
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.
10.2 The Licensee shall not be obliged under paragraph 10.1 to provide services to a Service Provider if in the opinion of the Licensee there is reasonable cause to doubt the likelihood (for whatever reason) of that Service Provider:U.K.
(a)providing services to others in a proper and efficient manner; or
(b)financing the provision of services,
and the Director has not given a written contrary decision.