[93B Notification of proposed commitments relating to very high capacity network]
Communications Act 2003 (2003 c 21) | Legislation

[93B  Notification of proposed commitments relating to very high capacity network]

[(1)     Section 93A has effect subject to the provisions of this section in a case where—

(a)     the dominant provider referred to in section 93A(1) proposes commitments which include a commitment to open up investment in a network to co-investment (“a co-investment commitment”);

(b)     the network is a very high capacity network which consists of optical fibre elements—

(i)     up to the premises of the end-user or, where this is technically impracticable, up to the immediate proximity of those premises; or

(ii)     up to the base station; and

(c)     the bringing into operation of the network was not publicly announced before 21 December 2018;

(d)     the dominant provider has notified OFCOM under subsection (2) of section 93A of a proposal complying with subsection (3) of that section.

(2)     OFCOM are not required to publish under section 93A(4) a notification complying with section 93A(5) in relation to the proposed co-investment commitment if in their opinion the

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