Can non-SMP providers be obliged to provide access?
10.1 Some service providers have queried the circumstances in which Oftel/Ofcom would exercise the powers conferred by Communications Bill that enable access-related conditions to be imposed on providers that do not have SMP in a particular market. 10.2 Although it is not possible to specify all the scenarios in which the exercise of these powers would be exercised, a point of departure is suggested by recital 6 of the Access Directive, which recognises that there may be large differences in negotiating power between providers and that some providers depend on infrastructure provided by other providers to deliver their services. In these circumstances national regulatory authorities should be able to ensure end-to-end connectivity by imposing proportionate access obligations on providers that control access to end-users. 10.3 It is worth noting that the exercise of these powers is hedged around with the onerous procedural requirements of consultation with interested parties as well as
