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Statutory Instruments
TELECOMMUNICATIONS
Made
3rd September 1999
Laid before Parliament
6th September 1999
Coming into force
27th September 1999
1. 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.
2. In these Regulations—
“the 1984 Act" means the Telecommunications Act 1984 M3;
“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 M4; 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.
Marginal Citations
M31984 c. 12, as amended by the Telecommunications (Licensing) Regulations 1997 (S.I. 1997/2930). There are other amendments to 1984 c. 12 which are not relevant to these Regulations.
3. 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—
4. 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.
4.—(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.
5. 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.
Patricia Hewitt,
Minister of State for Small Business and E. Commerce,
Department of Trade and Industry
3rd September 1999
Regulation 2
Column 1 | Column 2 |
---|---|
ACC Long Distance UK Limited | 21.04.1997 |
Advanced Radio Telecom Limited | 21.04.1997 |
AT & T Communications (UK) Ltd | 20.12.1994 |
Atlantic Telecommunications Limited | 30.12.1997 |
COLT Telecommunications | 09.06.1995 |
Comple Tel UK Limited | 11.01.1999 |
Core Telecommunications Limited | 25.06.1999 |
Eastern Group Telecoms Limited | 24.07.1996 |
Energis Communications Limited | 24.05.1993 |
Enitel ASA | 25.06.1999 |
Esprit Telecom UK Limited | 30.12.1997 |
Faultbasic Limited | 15.01.1999 |
General Telecommunications Limited | 11.08.1997 |
Highway One Corporation Limited | 25.09.1997 |
Inter Digital Networks Limited | 01.06.1999 |
International Computers Limited | 22.06.1998 |
Internet Network Services Limited | 25.09.1997 |
Kingston Communications (Hull) PLC | 24.03.1999 |
Level 3 Communications Limited | 28.10.1998 |
Mercury Communications Limited | 05.12.1991 |
MFS Communications Limited | 24.09.1993 |
MLL Telecom Limited | 22.06.1998 |
National Transcommunications Limited | 14.02.1996 |
NORWEB PLC | 03.03.1994 |
Racal Network Services Limited | 02.09.1994 |
RadioTel Systems Limited | 28.04.1997 |
Rateflame Limited | 01.06.1999 |
Scottish Hydro-Electric PLC | 24.05.1993 |
Scottish Power Telecommunications Limited | 24.09.1993 |
Sprint Holding (UK) Limited | 31.03.1994 |
SWEB Telecoms Limited | 15.09.1995 |
Tele2 (UK) Limited (formerly known as Liberty Communications Limited) | 23.02.1995 |
Telia UK Ltd | 08.03.1999 |
Telstra (UK) Limited | 31.03.1994 |
Torch Communications Limited | 08.02.1996 |
Videotron City and Westminster Limited | 03.03.1994 |
Winstar Communications Limited | 25.06.1999 |
Regulation 2
Column 1 | Column 2 |
---|---|
ABS Telecom PLC (formerly known as Advanced Business Services Ltd) | 18 .12.1996 |
Alpha Telecom Limited | 13.10.1998 |
American Telemedia Limited | 28.04.1997 |
AT & T—Unisource Communications Services (UK) Limited | 15.06.1999 |
Axxon Telecom Limited | 09.12.1998 |
Belgacom UK Limited | 13.10.1998 |
BSI ACCESS UK Limited | 15.06.1999 |
Call-Net (UK) Limited | 13.10.1998 |
Carrier One Ltd | 08.03.1999 |
Cherry Communications UK Limited | 05.06.1997 |
City Telecom (HK) Limited | 09.12.1998 |
Communicorp (UK) Ltd | 18.12.1996 |
Cyberlight Europe PLC | 13.10.1998 |
Data Marine Systems Limited | 05.08.1998 |
DirectNet Telecommunications UK Limited | 27.04.1998 |
Drive Memory Limited | 15.01.1999 |
Esat Telecommunications (UK) Ltd | 05.02.1997 |
Eurotunnel Telecommunications Limited | 05.08.1998 |
FaciliCom International (UK) Ltd | 18.12.1996 |
First Telecom PLC | 21.04.1997 |
Frontel Communications Limited | 14.10.1997 |
GC Global Communications Limited | 28.06.1999 |
GN Great Northern Gateway Limited A/S | 27.04.1998 |
Ibercom Limited | 05.08.1998 |
IBSC Limited | 15.06.1999 |
ICO Services Limited | 17.03.1999 |
IDT Global Limited | 14.10.1997 |
IFC Global (UK) Limited | 08.03.1999 |
INCOM (UK) Ltd | 18.12.1996 |
International Optical Network Limited | 09.12.1998 |
International Telecom PLC | 05.08.1998 |
International Telecommunications Group Inc. | 15.06.1998 |
Interoute Networks Ltd | 18.12.1996 |
ITG (UK) Ltd | 18.12.1996 |
IXNET UK Limited | 18.12.1996 |
Japan Telecom UK Limited | 09.12.1998 |
Jersey Telecoms | 09.12.1998 |
LCI Telecom UK Limited | 30.12.1997 |
LDI Communications Ltd | 18.12.1996 |
Net.Net Ltd | 18.12.1996 |
Netkonect Communications Limited | 01.06.1999 |
NETs Limited | 05.08.1998 |
North American Gateway Limited | 30.12.1997 |
NTT Europe Limited | 13.10.1998 |
o.tel.o communications Limited | 27.04.1998 |
Pacific Gateway Exchange (UK) Ltd | 18.12.1996 |
Pantheon Telecom (UK) Limited | 11.06.1999 |
PLDncompass Limited | 08.03.1999 |
PrimeTEC (UK) Limited | 30.12.1997 |
Primus Telecommunications Ltd | 18.12.1996 |
PSINet Telecom UK Limited | 27.04.1998 |
PT-1 Communications UK Limited | 05.08.1998 |
Qwest Communications International Limited | 15.06.1998 |
Singtel (Europe) Limited | 27.04.1998 |
Skylight Holdings Inc. | 25.09.1997 |
Sonic Telecommunications International Limited | 30.12.1997 |
Spacetel International Ltd | 18.12.1996 |
Star Europe Ltd | 18.12.1996 |
StarGlobal Ltd | 01.06.1999 |
Startec Global Communications UK Limited (formerly known as Startec Telecom Limited) | 27.04.1998 |
Stentor Communications Limited | 27.04.1998 |
Swisscom (UK) Limited | 08.03.1999 |
Tele 2 Communications Services Limited | 08.03.1999 |
Tele 2 Sweden Limited | 01.06.1999 |
Tele Danmark A/S | 27.04.1998 |
Telecom One Limited | 05.08.1998 |
Telegroup UK Limited | 30.12.1997 |
Teleport (Northern Ireland) Limited | 14.10.1997 |
Teleport UK Limited (trading as Satellite Media Services) | 15.01.1999 |
TGC UK Limited | 30.12.1997 |
The JNT Association | 05.08.1998 |
The Phone Company | 04.09.1997 |
TotalTel International Inc. | 28.04.1997 |
Transline Communications Limited | 27.04.1998 |
USA Global Link (UK) Limited | 08.03.1999 |
VIA Net Works UK Ltd | 25.06.1999 |
Witley Communications Limited | 15.06.1998 |
World-Link Inc. | 15.06.1999 |
Worldport Communications Limited | 05.08.1998 |
WorldxChange Communications Limited | 21.04.1997 |
WXNET Limited | 15.01.1999 |
Column 1 | Column 2 |
---|---|
AXS Telecom UK Limited | 25.09.1997 |
Cignal Global Communications UK Limited | 06.08.1998 |
Concert Communications Company | 18.12.1996 |
Convergence Ventures Ltd | 18.12.1996 |
East-West Telecom Limited (formerly known as MTU Inform Europe Limited) | 17.03.1999 |
Easynet Group PLC | 01.06.1999 |
EGN BV | 15.06.1998 |
Farland Services UK Limited | 17.03.1999 |
Flag Telecom Ireland Limited | 08.07.1999 |
Flute Limited | 09.12.1998 |
GC Pan European Crossing UK Limited | 17.03.1999 |
Global One Communications Ltd | 18.12.1996 |
GTS Business Services (UK) Limited | 15.01.1999 |
GT UK Limited | 25.09.1997 |
Hermes Europe Railtel BV | 18.12.1996 |
Iaxis Limited | 25.06.1999 |
Izenkom Limited | 25.09.1997 |
KDD Europe Limited | 04.09.1997 |
KPN Telecom UK Limited | 05.08.1998 |
MCI Telecommunications Ltd | 18.12.1996 |
NorSea Com A/S | 06.08.1998 |
Racal Telecommunications Ltd | 18.12.1996 |
Rocom Network Services Limited (formerly known as TeleBermuda International (UK) Ltd) | 18.12.1996 |
RSL Communications Ltd | 18.12.1996 |
Storm Telecommunications Limited | 06.08.1998 |
Telecom Ireland Limited | 30.12.1997 |
Telecom New Zealand (UK) Licences Limited | 01.06.1999 |
Teleglobe International (UK) Ltd | 18.12.1996 |
Teleport London International Limited | 15.06.1998 |
TMI TeleMedia International Ltd | 18.12.1996 |
TNI (Telecom) Limited | 11.06.1999 |
Unisource Carrier Services UK Limited (formerly known as Unisource Holding (UK) Ltd) | 18.12.1996 |
VersaTel Telecom BV | 15.06.1998 |
Viatel UK Limited | 15.06.1998 |
Worldcom International Inc. (formerly known as MFS Communications Limited) | 18.12.1996 |
Zereau Limited | 13.10.1998 |
Regulation 3(a)
Regulation 3(l), (m) and (n)
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:U.K.
(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:U.K.
“Applicable Terminal Equipment" means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 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:
Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;
the conveyance of Messages between such Apparatus and the Applicable Systems; and
the due functioning of the Applicable Systems to be tested,
but the only other functions of which, if any, are:
to supply energy between such Apparatus and the Applicable Systems;
to protect the safety or security of the operation of the Applicable Systems; or
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:
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
within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus;
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:
“Terminal Apparatus", that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and
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.
Regulations 2 and 5
Column 1 | Column 2 |
---|---|
ACC Long Distance UK Ltd | 18.12.1996 |
AT&T Communications (UK) Ltd | 18.12.1996 |
Atlantic Telecommunications Limited | 29.06.1995 |
Atlantic Telecommunications Limited | 06.06.1997 |
Colt Telecommunications | 18.12.1996 |
Energis Communications Ltd | 18.12.1996 |
Esprit Telecom UK Ltd | 18.12.1996 |
Eurobell (Holdings) PLC | 25.09.1997 |
Internet Network Services Limited | 15.06.1998 |
Ionica L3 Limited | 09.02.1993 |
Level 3 Communications Limited | 13.10.1998 |
National Transcommunications Limited | 20.01.1997 |
Scottish Power Telecommunications Ltd | 18.12.1996 |
TeleWest Communications PLC | 18.12.1996 |
Telia UK Ltd | 18.12.1996 |
Telstra (UK) Limited | 05.02.1997 |
Torch Communications Ltd | 18.12.1996 |
Vodafone Ltd | 18.12.1996 |
(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 (S.I.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 (O.J. 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.