The Electronic Communications (Market Analysis) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable the Director General of Telecommunications (“the Director”) to carry out certain preparatory tasks required by Directive 2002/19/EC of the European Parliament and of the Council on access to, and interconnection of, electronic communications networks and associated facilities (“the Access Directive”), Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services (“the Framework Directive”) and Directive 2002/22/EC of the European Parliament and of the Council on universal service and users' rights relating to electronic communications networks and services (“the Universal Service Directive”).

Regulation 3 corrects a minor error in the Electronic Communications (Universal Service) Regulations 2003.

Regulation 4 implements Article 8 of the Framework Directive. It requires the Director, in carrying out his functions under these Regulations, to act in accordance with the policy objectives and regulatory principles in Article 8 of the Framework Directive.

Regulations 5 to 10 implement Article 16 of the Framework Directive, Article 7(3) of the Access Directive and Article 16(3) of the Universal Service Directive. They enable the Director to make proposals for identification of markets for electronic communications networks, electronic communications services and associated facilities which in his opinion are the ones which in the circumstances of the United Kingdom are the markets in relation to which it is appropriate to consider whether to make a determination that a person has significant market power, to carry out an analysis of those markets, to make proposals for determination as to whether any person in the identified markets has significant market power and where a person is determined as having significant market power, to make proposals for the setting of conditions regulating that person in respect of those markets.

Regulation 11 applies the appeals procedure set out in section 46B of the Telecommunications Act 1984 to decisions made under these Regulations in the same way as it applies to decisions under the Telecommunications Act 1984. Section 46B provides that parties may appeal to the court against certain decisions of the Secretary of State or the Director General of Telecommunications on grounds of error of fact, error of law, procedural error or other illegality.