1 Citation and commencement

These Regulations may be cited as the Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities Operator Licences) Regulations 1999 and shall come into force on 27th September 1999.

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see above.

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2 Interpretation

2Interpretation

In these Regulations—

“the 1984 Act” means the Telecommunications Act 1984;

“the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;

“the Kingston Communications (Hull) PLC licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Kingston Communications (Hull) PLC on 24 March 1999;

“the Mercury Communications licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury Communications Limited on 5 November 1984;

“the modified licences” means the relevant licences as amended by these Regulations;

“the relevant licences” means the relevant fixed voice telephony licences and the relevant international facilities operator licences;

“the relevant fixed voice telephony licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 1 hereto on the date specified against each person in column 2 thereof;

“the relevant international facilities operator licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 2 hereto on the date specified against each person in column 2 thereof;

“the revoked licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the date specified against each person in column 2 thereof;

“the standard Schedules” means the Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999; and

“the Videotron City and Westminster licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Videotron City and Westminster Limited on 3 March 1994.

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

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3 Modification of the relevant licences

3Modification of the relevant licences

The relevant licences are hereby modified as follows:—

(a)    for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 3 hereto;

(b)    in paragraph 1,

(i)    for the words “telecommunication systems of every description” there shall be substituted the words “telecommunication systems specified in Annex A”;

(ii)    in the case of the Videotron City and Westminster licence, for the words “Annex A” there shall be substituted the words “Annex B”;

(c)    for the words “shall be of six months' duration” to the end

(i)    in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, in paragraph 2 thereof, and

(ii)    in the case of the relevant international facility operator licences specified in Part B of that Schedule and in the case of the Kingston Communications (Hull) PLC licence, in paragraph 3 thereof,

there shall be substituted the words “shall be of twenty five years' duration in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years' notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of this Licence.”;

(d)    in the case of the Kingston Communications (Hull) PLC licence, in paragraph 5 for the words “Annex A” there shall be substituted the words “Annex B”;

(e)    in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, for paragraph 6 there shall be substituted the following paragraph—

“6

Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.”;

(f)    in the case of the relevant fixed voice telephony licences, other than the Mercury Communications licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for paragraph 7 there shall be substituted as paragraph 7 the paragraph set out in sub-paragraph (e) above;

(g)    in case of the Mercury Communications licence, after paragraph 3 there shall be added the following paragraphs—

“Interpretation4

The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.

5

In this Licence, “Licence” means a licence granted or having effect as if granted under section 7 of the Act.

6

For the purposes of this Licence the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires.

7

Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.

8

Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee's registered office.”;

(h)    for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules,

(i)    for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules;

(j)    for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules;

(k)    in the case of the relevant fixed voice telephony licences and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;

(l)    in the case of

(aa)    the relevant international facilities operator licences specified in Part A of Schedule 2 hereto, after Schedule 3 thereof; and

(bb)    the relevant fixed voice telephony licences, other than the Kingston Communications (Hull) PLC licence, the Mercury Communications licence and the Videotron City and Westminster licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, after Schedule 4 thereof,

there shall be added Annex A as set out in Schedule 4 hereto;

(m)    in the case of the Mercury Communications licence for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto; and

(n)    in the case of the Kingston Communications (Hull) PLC licence and the Videotron City and Westminster licence Annex A shall be re-numbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto.

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

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4 Transitional provisions

4Transitional provisions

(1)    So far as anything done or treated as done under or for the purposes of any provision of the former licences or the revoked licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences or the revoked licences, as the case may be, shall be treated for all purposes as made and having effect under the corresponding provision.

(2)    Where any period of time specified in a provision of the former licences or the revoked licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time;

(a)    ran from the date or event from which it was running immediately before the coming into force of these Regulations, and

(b)    expired whenever it would have expired if the former licences or the revoked licences had not been modified or revoked, as the case may be;

and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences or the revoked licences, as the case may be.

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

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5 Revocation of licences

5Revocation of licences

The licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the dates specified against each person in column 2 thereof are revoked.

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

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Signature

Patricia Hewitt,

Minister of State for Small Business and E Commerce,

Department of Trade and Industry

3rd September 1999

Information Technology & Telecommunications94 Telecommunications94

SCHEDULE 1

SCHEDULE 1 Regulation 2
Column 1Column 2
ACC Long Distance UK Limited21.04.1997
Advanced Radio Telecom Limited21.04.1997
AT & T Communications (UK) Ltd20.12.1994
Atlantic Telecommunications Limited30.12.1997
COLT Telecommunications09.06.1995
Comple Tel UK Limited11.0 1.1999
Core Telecommunications Limited25.06.1999
Eastern Group Telecoms Limited24.07.1996
Energis Communications Limited24.05.1993
Enitel ASA25.06.1999
Esprit Telecom UK Limited30.12.1997
Faultbasic Limited15.01.1999
General Telecommunications Limited11.08.1997
Highway One Corporation Limited25.09.1997
Inter Digital Networks Limited01.06.1999
International Computers Limited22.06.1998
Internet Network Services Limited25.09.1997
Kingston Communications (Hull) PLC24.03.1999
Level 3 Communications Limited28.10.1998
Mercury Communications Limited05.12.1991
MFS Communications Limited24.09.1993
MLL Telecom Limited22.06.1998
National Transcommunications Limited14.02.1996
NORWEB PLC03.03.1994
Racal Network Services Limited02.09.1994
RadioTel Systems Limited28.04.1997
Rateflame Limited01.06.1999
Scottish Hydro-Electric PLC24.05.1993
Scottish Power Telecommunications Limited24.09.1993
Sprint Holding (UK) Limited31.03.1994
SWEB Telecoms Limited15.09.1995
Tele2 (UK) Limited (formerly known as Liberty Communications Limited)23.02.1995
Telia UK Ltd08.03.1999
Telstra (UK) Limited31.03.1994
Torch Communications Limited08.02.1996
Videotron City and Westminster Limited03.03.1994
Winstar Communications Limited25.06.1999
NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

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SCHEDULE 3 Table of Contents

SCHEDULE 3Table of Contents Regulation 3(a)

THE LICENCE

SCHEDULE 1: CONDITIONS INCLUDED UNDER SECTION 7 OF THE ACT

PART 1: Definitions and interpretation relating to the Conditions in Schedule 1

PART 2: General Conditions

1    Requirement to provide Telecommunication Services

2    Requirement to provide Directory Services

3    Requirement to provide International Conveyance Services or International Directory Services

4    Access to Emergency Call Services and Operator Assistance

5    Connection of Systems and Apparatus

6    Provision by Others of Services by means of the Applicable Systems

7    Publication of Charges, Terms and Conditions

8    Prohibition on Undue Preference and Undue Discrimination

9    Requirement to Provide Connection Services including Co-location and Facility Sharing

10    Requirement to offer Contracts for Telephone Services

11    Metering Arrangements

12    Billing Arrangements

13    Itemised Bills

14    Non Payment of Bills

15    Publication of Interfaces

16    Essential Interfaces

17    Use of Automatic Calling Equipment

18    Restrictions on Advertising

19    Consultation with Emergency Organisations and Provision of Services in Emergencies

20    Essential Requirements and Essential Public Interests

21    Standards for ISDN Network Termination Points

22    Controlled Services

23    Provision of Special Facilities Relating to Chatline and Message Services

24    Public Call Box Services

25    Supply and Connection of Apparatus for Disabled People

26    Numbering Arrangements

27    Numbering Arrangements for Other Numbers

28    Number Portability

29    Obligation to Supply Numbering Information on Request

30    Accounting Separation for Special or Exclusive Rights in Non-Telecommunication sectors

31    Fair Trading

32    Conciliation and Resolution of Disputes

33    Requirement to Furnish Information to the Director

34    Notification of Changes in Shareholdings

35    Licensee's Group

36    Payment of Fees

37    Bodies Recognised to be Representing Interests of Consumers

PART A: Universal Services Conditions

38    Determination of Provider of Universal Services

39    Universal Service Fund

40    Requirement to provide Telephone Services on Request

41    Schemes for Users with Special Social Needs

42    Provision of Public Call Box Services

PART B: Obligation to provide services other than Voice Telephony on request

43    Requirement to provide Telecommunication Services, other than Voice Telephony Services, on Request

PART C: Operators with Significant Market Power for the purposes of the Interconnection Directive

44    Determination of Significant Market Power

45    Interconnection Agreements with Schedule 2 Public Operators including Co-location and Facility Sharing

46    Requirement to Publish a reference interconnection offer

47    Requirements relating to Interconnection Agreements with Schedule 2 Public Operators

48    Requirement to meet Requests for Access other than from Schedule 2 Public Operators

49    Requirement to Send Individual Agreements to the Director and to Publish Them

50    Requirement to have Cost Accounting Systems and Accounting Separation for Interconnection Purposes

PART D: Operators with Significant Market Power for the purposes of the Revised Voice Telephony Directive and Operators which have been running a Fixed Public Telephone Service for more than 18 months

51    Scope of Application of this Part

52    Quality of Service and Provision of Additional Facilities

53    Special Network Access

54    Tariffs, Cost Accounting Principles and Discount Schemes

PART E: Leased Lines Directive Conditions

55    Leased Lines

PART F: Market Influence

56    Determination by the Director of Market Influence

PART G: Undue Discrimination and Price Publication Requirements which apply to Parts A, B, C, D, E and F

57    Prohibition on Undue Preference and Undue Discrimination

58    Publication of Charges, Terms and Conditions

PART H: Requirements relating to Operators with an International Business

59    Proportionate Return in respect of the provision of International Simple Voice Resale Services

60    Proportionate Return in respect of International Conveyance Services

61    Information to the Director about International Accounting Rates etc

62    Accounting Separation for International Business

63    Maintenance of Effective Competition

PART I: Exceptions and Limitations on Obligations in Schedule 1

64    Exceptions and Limitations on Obligations in Schedule 1

SCHEDULE 2: REVOCATION

SCHEDULE 3: AUTHORISATION TO CONNECT OTHER TELECOMMUNICATION SYSTEMS AND APPARATUS TO THE APPLICABLE SYSTEMS AND TO PROVIDE TELECOMMUNICATION SERVICES BY MEANS OF THE APPLICABLE SYSTEMS

SCHEDULE 4: EXCEPTIONS AND CONDITIONS RELATING TO THE APPLICATION OF THE TELECOMMUNICATIONS CODE

PART 1: Definitions and interpretation relating to the Conditions in Schedule 4

PART 2: Exceptions and Conditions relating to the application of the Telecommunications Code

1    Lines

2    Installation of telecommunication apparatus other than Lines above the ground

3    Conservation areas

4    Listed buildings and ancient monuments

5    National Parks etc

6    National Trust and National Trust for Scotland

7    Placing of underground lines in ducts

8    Maintenance and the safety of apparatus

9    Arrangements with electricity suppliers

10    Instructions for the installation of apparatus

11    Records of apparatus

12    Emergency Works and Urgent Works

13    Public or private events and construction sites etc

14    Emergency Organisations

15    Public inspection of code related licence conditions

16    Funds for meeting liabilities

ANNEX A THE APPLICABLE SYSTEMS

ANNEX B THE LICENSED AREA

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

Accounting99 Creation of Contract97 Contract Law97 Information Technology & Telecommunications96 Telecommunications96 International Accounting Standards99

SCHEDULE 4

SCHEDULE 4 Regulation 23(l), (m) and (n)

ANNEX A

THE APPLICABLE SYSTEMS

1

The Applicable Systems are telecommunication systems of every description within the United Kingdom provided that a system (“the System”) is an Applicable System only to the extent that it satisfies each of the following conditions:

(a)    the System is one by means of which Messages are conveyed or are to be conveyed:

(i)    from one Network Termination Point to another such Point;

(ii)    from a Network Termination Point to another place which is neither a Network Termination Point nor a Call Office or from such a place to such a Point;

(iii)    between a place which is neither a Network Termination Point nor a Call Office and another such place where their conveyance is not by way of provision of a service to another person; or

(iv)    between a Call Office and any other place;

but in any case not beyond a Network Termination Point;

(b)    none of the apparatus comprised in the System is Relevant Terminal Apparatus installed on premises occupied by a person to whom there are provided telecommunication services by means of the System.

2

In this Annex:

“Applicable Terminal Equipment” means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (SI 1992/2423);

“Approved Apparatus” means apparatus approved under section 22 of the Act for connection to that system or which is Compliant Terminal Equipment;

“Call Office” means telecommunication apparatus not supplied by the Licensee to any particular person but made available for use by the public or a class of the public;

“Compliant Terminal Equipment” means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992;

“Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;

“Network Connecting Apparatus” means telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another telecommunication system;

“Network Termination and Testing Apparatus” means an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:

(i)    Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;

(ii)    the conveyance of Messages between such Apparatus and the Applicable Systems; and

(iii)    the due functioning of the Applicable Systems to be tested,

but the only other functions of which, if any, are:

(A)    to supply energy between such Apparatus and the Applicable Systems;

(B)    to protect the safety or security of the operation of the Applicable Systems; or

(C)    to enable other operations exclusively related to the running of the Applicable Systems to be performed or the due functioning of any system to which the Applicable Systems are or are to be connected to be tested (separately or together with the Applicable Systems);

“Network Termination Point” means any point:

(i)    within an item of Network Connecting Apparatus at which energy in any of the forms specified in section 4(1) of the Act is conveyed directly to or from apparatus comprised in a telecommunication system other than one in which that Network Connecting Apparatus is comprised; or

(ii)    within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus;

(iii)    which, in the case of a radio based telecommunication system, is the last point at which Messages are transmitted, or the first point at which Messages are received in the form of electromagnetic signals, by apparatus run by a person other than the Licensee and lawfully connected to that System;

“Relevant Terminal Apparatus” means:

(i)    “Terminal Apparatus”, that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and

(ii)    any other telecommunication apparatus connected to the apparatus referred to in sub-paragraph (i) above constituting a system run under a Licence by the person using that Terminal Apparatus; and

“Served Premises” means a single set of premises in single occupation where apparatus has been installed for the purpose of the provision of telecommunication services by means of the Applicable Systems at those premises.

NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

Information Technology & Telecommunications97 Telecommunications97

SCHEDULE 5 Licences Revoked

SCHEDULE 5Licences Revoked Regulations 2 and 5
Column 1Column 2
ACC Long Distance UK Ltd18.12.1996
AT&T Communications (UK) Ltd18.12.1996
Atlantic Telecommunications Limited29.06.1995
Atlantic Telecommunications Limited06.06.1997
Colt Telecommunications18.12.1996
Energis Communications Ltd18.12.1996
Esprit Telecom UK Ltd18.12.1996
Eurobell (Holdings) PLC25.09.1997
Internet Network Services Limited15.06.1998
lonica L3 Limited09.02.1993
Level 3 Communications Limited13.10.1998
National Transcommunications Limited20.01.1997
Scottish Power Telecommunications Ltd18.12.1996
TeleWest Communications PLC18.12.1996
Telia UK Ltd18.12.1996
Telstra (UK) Limited05.02.1997
Torch Communications Ltd18.12.1996
Vodafone Ltd18.12.1996
NOTES
Initial Commencement
Specified date

Specified date: 27 September 1999: see reg 1.

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the telecommunications licences granted to the licensees specified in Schedules 1 and 2 for the provision of fixed voice telephony and international facilities services. The Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (SI 1999/2450) replace the Schedules to the licences. The amendments are being made to these licences as part of the implementation in the United Kingdom of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications (OJ No L199, 26.7.97, p 32), which requires that conditions in all telecommunications licences of a similar type should be harmonised, except where objectively justified in particular instances.

A Regulatory Impact Assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS.

The licences modified by these Regulations may be inspected at the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ.

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