Made | 19th February 2003 | ||
Laid before Parliament | 20th February 2003 | ||
Coming into force | 24th February 2003 |
Amendment to the Electronic Communications (Universal Service) Regulations 2003
3.
In regulation 4(10) of the Electronic Communications (Universal Service) Regulations 2003[7] (designation of universal service provider), for "Directorate" there shall be substituted "Directive".
Policy objectives and regulatory principles
4.
- (1) It shall be the duty of the Director in carrying out any of the functions set out in these Regulations to act in accordance with the policy objectives and regulatory principles in Article 8 of the Framework Directive.
(2) Where it appears to the Director that any of those policy objectives or regulatory principles conflict with each other, he must secure that the conflict is resolved in the manner he thinks best in the circumstances.
(3) Where it appears to the Director that any of his duties in section 3 of the Telecommunications Act 1984 conflict with one or more of those policy objectives or regulatory principles, priority must be given to those objectives and principles.
Market identification and analysis
5.
- (1) The Director shall -
(2) In identifying and analysing those markets, and in considering whether to make any such proposals, the Director must take due account of all applicable guidelines and recommendations which -
(3) A person shall be taken to have significant market power in relation to a market if he enjoys a position which amounts to or is equivalent to dominance of the market.
(4) References in this regulation to dominance of a market must be construed in accordance with any applicable provisions of Article 14 of the Framework Directive.
(5) A person is to be taken to enjoy a position of dominance of a market if he is one of a number of persons who enjoy such a position in combination with each other.
(6) A person or combination of persons may also be taken to enjoy a position of dominance of a market by reason wholly or partly of his or their position in a closely related market if the links between the two markets allow the market power held in the closely related market to be used in a way that influences the other market so as to strengthen the position in the other market of that person or combination of persons.
(7) The matters which must be taken into account in determining whether a combination of persons enjoys a position of dominance include, in particular, those matters set out in Annex II of the Framework Directive.
Notifications for market identification etc.
6.
- (1) Proposals for identifying a market or making a market power determination shall be made by means of a notification published by the Director.
(2) Notifications for the purposes of paragraph (1) -
(3) A notification for the purposes of paragraph (1) must -
(4) A notification which sets out proposals for the making of a market power determination may also set out the conditions that the Director is proposing to set by reference to that market power determination so as to bind the person whom the Director is proposing to determine as having significant market power in the identified market.
(5) Where a notification published in accordance with paragraph (1) sets out the conditions that the Director is proposing to set, the notification must set out -
(6) The period specified for the purpose of paragraph (3)(d) must be one of not less than one month, beginning with the day after the day on which the notification is published.
(7) The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director's opinion, are likely to have an interest in, or be affected by, it.
(8) Any proposed conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.
Notifications for conditions set by reference to market power determination
7.
- (1) Following the publication of a notification under regulation 6 which sets out proposals about the making of a market power determination ("the market power notification"), the Director may publish further notifications setting out one or more of the following -
(2) A further notification must set out -
(c) where the market power notification did not include proposals for the setting of conditions in accordance with paragraph (4) of regulation 6, any conditions which the Director is proposing to set by reference to the market power determination proposed in the market power notification;
(d) the effect of making those modifications and setting those conditions;
(e) the reasons for proposing to make those modifications and set those conditions; and
(f) the period within which representations about the proposals set out in the further notification in accordance with paragraphs (b) and (c) may be made to the Director.
(3) The period specified for the purpose of paragraph (2)(f) must be one of not less than one month, beginning with the day after the day on which the notification is published.
(4) The Director may give effect, with or without modifications, to a proposal to make a modification to proposals to set conditions in the market power notification, only if he has considered every representation about the proposal that is made to him within the period specified in the notification; and the way in which the Director gives effect to such a proposal is by the publication of a notification.
(5) The publication of a notification under this regulation must be in such manner as appears to the Director to be appropriate for bringing it to the attention of the persons who, in the Director's opinion, are likely to have an interest in, or be affected by, it.
(6) Any proposed conditions or modification to conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.
Confirmation of proposals
8.
- (1) This regulation applies to -
(2) Subject to regulation 9, and if he has considered every representation about the proposals, set out in a notification, to which this regulation applies that is made to him within the period specified in the notification, the Director may, by publication of a further notification, set out the proposals, with or without modification, as he intends that effect would be given to them upon the coming into force of any enactment (including an enactment contained in subordinate legislation) which implements the provision of the Framework Directive, the Access Directive or the Universal Service Directive to which the proposal relates; and reference in this regulation to confirmation of proposals is a reference to publication of such a further notification.
(3) Where the Director has confirmed any proposals under paragraph (2), he may, by publication of a further notification, withdraw part or all of those proposals.
(4) Any proposed conditions which the Director sets out in a notification published under this regulation must comply with, and be necessary for satisfying requirements in, Article 16 of the Framework Directive, Articles 7 to 13 of the Access Directive and Articles 16 to 19 of the Universal Service Directive.
European Commission's control of market identification and analysis
9.
- (1) The Director shall send a copy of each notification published under regulations 6 and 7 to -
(2) If, within the representations period, the Director is 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) -
the Director is not to confirm the proposal, in accordance with regulation 8, 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, the Director -
(4) In this regulation "the representations period", in relation to a notification under regulations 6 and 7, means the period specified in that notification for the making of representations about the proposals contained in it.
Information requirements for carrying out market analysis
10.
For the purposes of regulations 5, 6, 7, 8 and 9, section 53 of the Telecommunications Act 1984 shall apply as if the exercise by the Director of the functions under those regulations was a relevant purpose under subsection (6) of that section.
Appeals
11.
Section 46B of the Telecommunications Act 1984[8] shall apply to decisions made by the Director under these Regulations as it applies to the decisions set out in subsection (1) of that section.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness, Department of Trade and Industry
19th February 2003
[3] OJ No. L 108, 24.4.02, p. 7.back
[5] OJ No. L 108, 24.4.02, p. 33.back
[6] OJ No. L 108, 24.4.02, p. 51.back
[8] Section 46B of the Telecommunications Act 1984 was inserted by regulation 3 of the Telecommunications (Appeals) Regulations 1999 S.I. 1999/3180.back
© Crown copyright 2003 | Prepared 26 February 2003 |