Notice under Section 12(2) of the Telecommunications Act 1984 — Proposed modification of all public telecommunications operators ("PTO") licences
Date: 2001-08-04
Institutions: European Commission
Subjects: application of EU law, systems interconnection, telecommunications, trade licence, transmission network

4.8.2001

EN

Official Journal of the European Communities

C 219/21

Notice under Section 12(2) of the Telecommunications Act 1984

Proposed modification of all public telecommunications operators ((cid:145)PTO(cid:146)) licences

(2001/C 219/07)

1. The Director-General

of

Telecommunications

(the
(cid:145)Director(cid:146)), in accordance with section 12(2) of the Tele-
communications Act 1984, as amended by the Electronic
Communications Act 2000 (the (cid:145)Act(cid:146)), hereby gives notice
that he proposes to make modifications to all telecom-
munications licences granted by the Secretary of State for
Trade and Industry (the (cid:145)Secretary of State(cid:146)) under section 7
of
to particular persons during the period
beginning on 22 June 1984 and ending on 15 June
2001 which the Secretary of State has designated by
order under section 9 of the Act as having public tele-
communications
systems, collectively referred to here-
inafter as the (cid:145)PTO licences(cid:146).

the Act

2. The effect of

the modifications, which the Director

proposes to make, is set out in the schedule below.

3. The reason for the proposal modifications is that it is
necessary to give operators a general authorisation to
refuse to connect apparatus or to disconnect apparatus
or withdraw apparatus from service where that apparatus
is damaging the network. However this will be balanced by
a requirement that where operators do take action under
this condition they will be required to inform the Secretary
of State and the Director at the earliest practicable oppor-
tunity. The reasons are more particularly set out
in
the
(cid:145)Explanatory
memorandum for section 12 modification to standard
licence conditions 5(4)(c)(cid:146).

explanatory memorandum entitled

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

deregulatory if:

(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
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.

section 7 of

the Act

5. In the opinion of the Director, the proposed modifications
to the PTO licences are deregulatory within the meaning of
section 12(A)(7) for the reasons set out in the explanatory
memorandum.

6. The consultation procedure comprises two stages. In the
to the

representations on or objections

first
proposed modifications may be made to:

stage,

Frank Phillips, OFTEL, 50 Ludgate Hill, London EC4M 7JJ,
United
e-mail
frank.phillips@oftel.gov.uk) by no later than 15 August
2001.

(44-207) 634 88 71,

Kingdom (tel.

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

8. In the second stage, interested parties are invited to send
comments to Frank Phillips, details as above, by no later
than 5 September 2001, on representations or objections
received in the first stage.

9. Any representations against

the proposed modifications
must be accompanied by a written statement that they
are to be taken as objections to the modifications.

10. Copies of

the full

the proposed modifications
text of
and the explanatory memorandum, and a full
list of
licences affected, can be obtained from Julia Bradford at the
e-mail
above
julia.bradford@oftel.gov.uk). Copies can also be obtained
from OFTEL’s website.

(44-207) 634 88 38,

address

(tel.

Schedule

1. Condition 5(4)(c), which reads as follows:

(cid:145)(c)

is in the opinion of
the Secretary of State and the
Director causing serious damage to a network or
harmfull radio interference or harm to the network or
its functioning and the Licensee has been authorised by
to refuse
the Secretary of State and the Director
connection, or
such apparatus or
withdraw it from service.(cid:146)

to disconnect

To be deleted and replaced by the following wording:

(cid:145)(c)

is causing serious damage to a network or harmful
radio interference or harm to the network or its func-
tioning; and the Licensee may refuse connection of that
apparatus, disconnect that apparatus or withdraw that
apparatus from service provided the Licensee at the
earliest practicable opportunity informs the Secretary
of State and the Director of its action; or(cid:146)