This section applies where OFCOM have made, or are considering the making of, a determination that a person who provides a public electronic communications network ("the dominant provider") has significant market power in an identified services market.
The dominant provider may notify OFCOM of a proposal to address the competition problems that are identified in the market power determination, or the possible competition problems that are identified in the proposal for a market power determination, by making commitments to provide network access to, or co-investment in, that network.
The proposal must—
If the proposal complies with subsection (3), OFCOM must publish a notification of the proposal.
The notification must—
OFCOM must—
The dominant provider may then revise the proposal in the light of OFCOM's opinion.
If the dominant provider notifies OFCOM that the dominant provider is willing to implement the proposal, or the proposal as revised under subsection (7), OFCOM may decide to make the commitments binding, for such period as they may specify in the decision.
A decision under subsection (8) (referred to in this Chapter as a "commitments decision") takes effect on being notified by OFCOM to the dominant provider and published by OFCOM.
The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the notification to the attention of the persons who, in OFCOM's opinion, are likely to be affected by the matters notified.