5Application

5 Application

(1) A carrier licence granted to any specified carrier is subject to the conditions set out in section 6 if, at any time, on or after the commencement of this Declaration one or more local access lines forming part of a designated telecommunications network are used by the specified carrier or any of its associates to supply superfast carriage services or specified broadband services to residential customers, and: (a) the network came into existence before the designated commencement date; and (b) the network has not been altered, upgraded or extended on or after the designated commencement date; and (c) no functional separation undertaking relating to local access lines forming part of the designated telecommunications network given by the specified carrier or any of its associates is in force. (2) A reference in paragraph (1)(c) to a functional separation undertaking given by a specified carrier or an associate of the specified carrier is a reference to a functional separation undertaking given by the specified carrier or the associate (as the case may be) either: (a) alone; or (b) jointly with one or more other persons.