95Exempt premises—small networks

95 Exempt premises—small networks

(1) If: (a) a person is a member of an associated group during the whole or a part of a month; and (b) the total number of potentially chargeable premises in relation to the members of the group for that month is less than 2,000; and (c) one or more of those potentially chargeable premises are potentially chargeable premises in relation to the person for that month; each of the potentially chargeable premises mentioned in paragraph (c) are exempt premises in relation to the person for that month. (2) If: (a) a person is not a member of an associated group during the whole or a part of a month; and (b) the total number of potentially chargeable premises in relation to the person for that month is less than 2,000; each of those potentially chargeable premises are exempt premises in relation to the person for that month. Associated group (3) For the purposes of this section, if: (a) a person is in a position to exercise control of: (i) a local access line; or (ii) a telecommunications network; and (b) the person has one or more associates; then: (c) the person is taken to belong to an associated group; and (d) the associated group consists of the person and those associates. (4) For the purposes of subsection (3), the question of whether a person is in a position to exercise control of: (a) a local access line; or (b) a telecommunications network; is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997. (5) For the purposes of subsection (3), the question of whether a person has one or more associates is to be determined in the same manner in which that question is determined for the purposes of Part 8 of the Telecommunications Act 1997.