187Dominant carrier not to favour itself when using its own basic carriage services to supply certain services

##### 187 Dominant carrier not to favour itself when using its own basic carriage services to supply certain services (1) This section has effect for the purposes of section 183 where: (a) a carrier supplies a basic carriage service (in this section called the primary service) of a particular kind and uses it for or in relation to the supply by the carrier of a higher level service (in this section called the secondary service) of a particular kind; and (b) the carrier is in a position to dominate a market for that kind of basic carriage service, being a market in which other suppliers of higher level services of that kind acquire basic carriage services of that kind for use for or in relation to their supply of such higher level services. (2) This section also has effect for the purposes of section 183 where: (a) because of a direction under section 181, a carrier must supply a basic carriage service of a particular kind to the public generally; and (b) the carrier uses a basic carriage service of that kind (in this section also called the primary service) for or in relation to the supply by the carrier of a telecommunications service (in this section also called the secondary service) of a particular kind; and (c) the carrier is in a position to dominate a market for that kind of basic carriage service, being a market in which other suppliers of telecommunications services of that kind acquire basic carriage services of that kind for use for or in relation to their supply of such telecommunications services. (3) The carrier is taken to acquire the primary service in that market. (4) The charges for the primary service are taken to be so much of the total of the amounts shown in the carrier’s books of account as the costs of supplying the secondary service as those books treat as being attributable to the supply of the primary service. (5) The terms and conditions on which the primary service is supplied are taken to be the terms and conditions on which it is reasonable to expect that the primary service would have been supplied if: (a) the part of the carrier’s undertaking that is concerned with the supply of basic carriage services of the same kind as the primary service; and (b) the part of that undertaking that is concerned with the supply of higher level services or telecommunications services, as the case may be, of the same kind as the secondary service; had respectively belonged to distinct legal persons dealing with each other at arm’s length.