Annex: Transposition Notes for the Postal Services Directive (2008/6/Ec) Article 11a: Access Implementation
538.Article 11a (first limb) is implemented by sections 28(2) and 50 and Schedule 3 to the Act. Section 50 confers power on OFCOM to impose general access conditions on postal operators, which can require access to be given by a postal operator to its infrastructure or to services within the scope of the universal service. An operator may be required to maintain a separation for accounting purposes between different matters for access purposes. Schedule 3 sets out further provision as to the types of access conditions which may be imposed on an operator, including terms of access, price controls, use of accounting methods, non-discrimination and transparency and provides for resolution of access disputes.
539.Article 11a (second limb) is implemented through sections 28(2) and 38 and Schedule 3 to the Act. Section 38 confers powers on OFCOM to impose access conditions on a designated universal service provider requiring it to provide access to its postal network, or to maintain a separation for accounting purposes between matters relating to access to its postal network. Schedule 3 sets out the types of access conditions which may be imposed and provides for resolution of access disputes.