Section 89: Conditions about network access in exceptional cases

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 2: Networks, services and the radio spectrum — Chapter 1: Electronic communications networks and services

This section applies where—

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.

OFCOM may set the additional SMP conditions and apply them to the dominant provider ...

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.