Notice under Section 12(2) of the Telecommunications Act 1984 — Proposed modification of all public telecommunications operators ("PTO") licences (Text with EEA relevance)
Date: 2001-09-25
Institutions: European Commission
Subjects: public service, telecommunications, trade licence

C 270/2

EN

Official Journal of the European Communities

25.9.2001

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 270/02)

(Text with EEA relevance)

1. The Director General

Telecommunications

(the
of
(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 31 July 2001
which the Secretary of State has designated by order under
Section 9 of the Act as having public telecommunications
systems, collectively referred to hereinafter 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 proposed 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. The current arrangements, which
require prior authorisation, are not practicable.
In the
it is essential that operators are
relevant circumstances,
able to take immediate action. 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 prac-
ticable opportunity. The reasons are more particularly set
out in the explanatory memorandum entitled (cid:145)Explanatory
memorandum for Section 12, modification to Licence
Condition 5(4)(c) or its equivalent(cid:146).

4. The proposed modification of Licence Condition 5(4)(c)
which had been set out in the notice published by the
Director on 6 July 2001 has been withdrawn and is
replaced by the amended wording proposed in this
notice and explanatory memorandum.

5. Section 12A(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 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

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

7. The consultation procedure comprises two stages. In the
first stage, representations on or objections to the proposed
modifications may be made to:

Frank Phillips, Oftel, 50 Ludgate Hill, London EC4M 7JJ,
United Kingdom (tel.
e-mail:
frank.phillips@oftel.gov.uk) by no later than 4 October
2001.

634 88 71,

(44-207)

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

9. In the second stage, interested parties are invited to send
comments to Frank Phillips, details as above, by no later
than 24 October 2001, on representations or objections
received in the first stage.

10. Any representations against

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

11. Copies of the full text of the proposed modifications and
the explanatory memorandum, and a full
list of licences
affected, can be obtained from can be obtained from Julia
Bradford at the above address (tel.
(44-207) 634 88 38,
e-mail:
julia.bradford@oftel.gov.uk). Copies can also be
obtained from Oftel’s website.

25.9.2001

EN

Official Journal of the European Communities

C 270/3

SCHEDULE

is to be deleted and replaced by the following wording:

1. Condition 5(4)(c) or a condition substantially in the same

terms as 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
harmful 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

(cid:145)(c) is causing serious damage to a network or harmful radio
interference or harm to the network or its functioning;
and the Licensee may refuse
that
apparatus, disconnect that apparatus or withdraw that
the
apparatus from service provided the Licensee at
earliest practicable opportunity informs the Secretary
of State and the Director of its action; or(cid:146).

connection of

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

Proposed modifications to the licence of British Telecommunications plc (BT)

(2001/C 270/03)

(Text with EEA relevance)

1. The Director General of Telecommunications (the (cid:145)Director(cid:146)), in accordance with Section 12(2) of the
Telecommunications 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 the licence granted to British Tele-
communications plc ((cid:145)BT(cid:146)) on 22 June 1984.

2. The effect of the proposed modifications to BT’s licence would be to set starting charges for and bring
under regulatory control the charges for flat-rate Internet access call origination (Friaco) at the tandem
exchange, by incorporating the charge for Friaco at the tandem exchange into the network charge
controls from 1 October 2001. The proposed modifications take the form of changes to Condition 69
of BT’s licence. Condition 69 was last modified on 27 March 2001. Some of the changes introduced in
March are not to take effect until 1 October 2001. Some of the modifications proposed by this notice
have the effect of making changes to the March modifications.

3. The Director is making these proposals because competition is not effective in the provision of flat-rate

Internet access call origination either at the local exchange or the tandem exchange.

4. The proposed modifications and their effects are set out in full in Statutory consultation on proposed
modifications to BT’s licence to give effect to charge controls for single tandem Friaco’, which was
published on 17 August 2001. The document is available via Oftel’s website (www.oftel.gov.uk). The
Director is seeking comments on the proposed modifications to the licence of BT. Interested parties
have 28 days from the day after publication of this notice to make representations on the proposed
modifications. In accordance with Section 12(6D) of the Act, representations made against the proposed
modifications shall be taken to constitute an objection only if a written statement that they are to be so
taken accompanies them.

5. The proposed modifications are also available from Mike Galvin at Oftel, 50 Ludgate Hill,
fax (44-207) 634 89 24, e-mail:

(44-207) 634 88 69,

tel.

London EC4M 7JJ, United Kingdom,
mike.galvin@oftel.gov.uk

6. The Director is required by Section 12(2) of the Act to consider any representations or objections on
the proposed modifications duly made and not withdrawn. Subject to such consideration, and to the
consent of BT for the respective modifications, the Director proposes to make the modifications as soon
as practicable after the statutory consultation is completed.

7. Representations on the proposed modifications can be made to Mike Galvin by 17 September 2001.

8. Any confidential material should be clearly marked as such and separated out into a confidential annex.
All representations and objections received by Oftel, with the exception of material marked confidential,
will be made available for inspection in Oftel’s Research and Intelligence Unit.