Notice under Section 12(2) of the Telecommunications Act 1984 — Proposed modification to public telecommunications operator licence for British Telecommunications plc
Date: 2001-03-03
Institutions: European Commission
Subjects: United Kingdom, public service, telecommunications, trade licence

3.3.2001

EN

Official Journal of the European Communities

C 71/15

NOTICE UNDER SECTION 12(2) OF THE TELECOMMUNICATIONS ACT 1984

Proposed modification to public telecommunications operator licence for British Telecom-
munications plc

(2001/C 71/04)

1. The Director General of Telecommunications (the (cid:145)Director(cid:146))
in accordance with Section 12(2) of the Telecommunications
(cid:145)Act(cid:146)), as amended by the Electronic
Act 1984 (the
Communications Act 2000, hereby gives notice that he
proposes to make modifications to the licence granted on
22 June 1984 under Section 7 of the Act, to British Tele-
communications plc (BT).

7.

In the second stage, interested parties are invited to send
comments to Michael Knowles, details as above, by no later
than 23 March 2001, on representations or objections
received in the first stage. Appointments to view written
comments in, which must be made in advance, can be
arranged by contacting OFTEL’s Research and Intelligence
Unit on (44-207) 634 87 61.

2. The effect and reasons for the modifications, which the
in the schedule

Director proposes to make, are set out
below and the draft modification instrument.

8. Copies of the proposed modification, can also be obtained
is also

from Michael Knowles, and OFTEL’s
statement
available on OFTEL’s website at www.oftel.gov.uk.

3. Section 12A(7) of the Act provides that a modification is

deregulatory if:

SCHEDULE

(a) the effect of the conditions to be modified is to impose a
burden affecting the holder of the licence in which those
conditions are included;

(b) the modification would remove or reduce the burden

without removing any necessary protection; and

(c) the modification is such that no person holding a
licence granted under Section 7 [of
to a
particular person would be unduly disadvantaged by
the modification in competing with the holder of the
licence in which those conditions are included.

the Act]

4. In the opinion of the Director, the proposed modification of
the PTO licences is deregulatory within the meaning of
in the schedule
for the reasons set out
Section 12A(7)
below.

5. The consultation procedure comprises two stages. In the first
stage, representations on or objections to the proposed
modification may be made to Michael Knowles, OFTEL,
50 Ludgate Hill, London EC4M 7JJ, United Kingdom (tel.
(44-207) 634 87 06; e-mail: michael.knowles@oftel.gov.uk,
by no later than 9 March 2001.

6. Any confidential information should be clearly marked as
such and separated out into a confidential annex. All repre-
sentations
received by OFTEL, with the exception of
material marked confidential, will be made available for
inspection in OFTEL’s Research and Intelligence Unit and
may be published.

1. Conditions 76 and 77 would be removed from BT’s licence.

2. Conditions 76 and 77 place a burden on BT.

3. Condition 76. The financial position of the systems business
and the apparatus business prepared under the terms of this
condition is less relevant for regulatory purposes than when
originally implemented. The Director believes that appro-
priate use of his general
information gathering powers
and Condition 78 are adequate to meet any shortfall of
information previously provided by Condition 76.

4. Condition 77. BT will continue to be required to prepare
current cost accounts under Condition 78. However, the
high level current cost accounts prepared under Condition
77 are now less relevant and do not provide the level of
granularity required for regulatory purposes.

5. The Director considers that the modifications would remove
a burden from BT, without
removing any necessary
protection, which is covered by his information gathering
powers and Condition 78.

6. The Director also considers that the modifications do not
unduly disadvantage any other person holding a licence
granted under Section 7 in competing with BT.

7. The Director is of the opinion that these modifications are
deregulatory within the meaning of Section 12A(7) of the
Act.