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<p>Existing Open Access Operators are charged the same Variable Track Access charges
as franchised operators with the exception of the Capacity Charge. This is because
implementing the full Control Period 5 (CP5) rates would equate to a real term average
increase of 450% in the Capacity Charge from which Open Access Operators have no protection.
In light of the Office of Rail Regulation’s statutory duties to promote the use of
the railway network, protect the interests of users of railway services and to promote
competition in the provision of railway services, they deemed it appropriate to hold
Capacity Charge at CP4 rates for both existing services and any new entrant Open Access
Operator in line with European law and their statutory duties. Any additional services
introduced by existing Open Access Operators will be charged at CP5 rates.</p>
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