The Telecommunications (Licence Modification) (Mobile Data Operator Licences) Regulations 2000

Definitions and InterpretationU.K.

4.  In this Schedule, unless the context otherwise requires:

• “Access Control Services" means those telecommunication services which are:

  (i)

  telecommunication services other than

  (A)

  Conditional Access Services; or

  (B)

  Network Services

  provided to a person providing telecommunication services under a Licence, by means of which the supply to end-users of a Relevant Other Telecommunication Service of any description may be controlled; and

  (ii)

  described in paragraph 4 of Schedule 3 to the Licence entitled “Class Licence for the Running of Telecommunication Systems for the Provision of Access Control Services" granted by the Secretary of State under section 7 of the Telecommunications Act 1984 on 27 August 1999 or any successor thereto;

• “Conditional Access Services" means telecommunication services (including services which are treated as telecommunication services pursuant to regulation 8(2) of and paragraph 1(b) of Schedule 1 to the Advanced Television Services Regulations 1996 (SI 1996/3151)):

  (i)

  by means of which access to Digital Television Services may be controlled so that only those viewers who are authorised to receive such services do so; and

  (ii)

  fall within the definition of “Conditional Access Services" given in paragraph 4(b) of the licence entitled “Class Licence for the Running of Telecommunication Systems for the Provision of Conditional Access Services" granted by the Secretary of State under Section 7 of the Telecommunications Act 1984 on 7 January 1997 or any successor thereto;

• “Digital Television Services" has the same meaning as in Directive 95/47/EC of the European Parliament and the Council of 24 October 1995 on the use of standards for the transmission of television signals;

• “Data Message" means a Message which is conveyed in a digital form and which does not consist in live speech;

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

• “Network Service" means any of the following:

  (i)

  a service consisting only of functions which enable end-users to send, receive, or both, Messages to or from one or more end-users, including functions which enable the establishment of a prior connection between such end-users;

  (ii)

  a service consisting only of functions which could not practically be provided to any end-user in identical form by anyone other than the Licensee, because those functions are dependent upon the functions referred to in sub-paragraph (i) above; or

  (iii)

  any service which has been agreed by the Licensee with the Director;

• “Relevant Other Telecommunication Services" mean telecommunication services, whether supplied by the Licensee or any other party, but not including:

  (i)

  any of the services specified in section 72(2)(a) to (f) of the Broadcasting Act 1990 other than licensable progamme services specified in section 46(1) of that Act which are conveyed for reception at different times in response to requests made by different users of the service;

  (ii)

  Digital Television Services; or

  (iii)

  Network Services; and

• “Wireless Telegraphy" has the same meaning as in the Wireless Telegraphy Act 1949.