Notice under Section 12(2) of the Telecommunications Act 1984 (Text with EEA relevance)
Date: 2001-10-31
Institutions: European Commission
Subjects: competition law, exchange of information, radio telecommunications, telecommunications, telephone charges, trade licence

31.10.2001

EN

Official Journal of the European Communities

C 306/15

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

(2001/C 306/06)

(Text with EEA relevance)

THIS NOTICE REPLACES A NOTICE PUBLISHED IN THE LONDON GAZETTE AND EDINBURGH GAZETTE ON
FRIDAY 28 SEPTEMBER 2001 WHICH WAS ALSO DUE TO BE PUBLISHED IN THE BELFAST GAZETTE ON
THAT DATE BUT WHICH WAS NOT SO PUBLISHED

Proposed modification to the licences of Orange and One
2 One

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 Act) hereby gives notice that he proposes
to make modifictions to the Licence granted to Orange
Personal Communications Ltd (Orange) on 27 July 1995,
and to the Licence granted to Mercury Personal Communi-
cations Ltd (One 2 One) on 9 May 1995, by the Secretary of
State for Trade and Industry under section 7 of the Act
(together hereinafter referred to as the Licences).

2. The effect of the modifications which the Director proposes
to make is to control the termination charges of Orange and
One 2 One so that the average weighted level is reduced by
a value of RPI-12 % in each of the four consecutive years
from 1 April 2002 to 31 March 2006.

3. The reason for the proposed modifications is that Oftel,
having completed a review of competition for calls to
mobile phones, has concluded that competitive pressures
do not impose sufficient constraints on mobile termination
charges nor are they likely to do so in the near future. Oftel
also concluded that each of
the mobile operations has
market power for call termination on its own networks.
Having undertaken a cost benefit analysis, Oftel proposes
controls on charges for termination of calls on the main
mobile networks in order to protect consumers. The full
details of Oftel’s conclusions and the reasons for them are
set out in Oftel’s Statement of 26 September 2001 entitled
(cid:145)Review of the charge control on calls to mobiles, September
2001(cid:146). The full text of the proposed modifications is set out
in Annex 7 of the Statement.

4. Oftel

is

to the
simultaneously proposing modifications
licence of BT Cellnet and Vodafone to replace the current
controls on their mobile termination charges.

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

representations on or objections

first
proposed modifications may be made to:

stage,

Selena Bevis, OFTEL, 50 Ludgate Hill, London, EC4M 7JJ
(Tel. (44-207) 634 88 44, e-mail selena.bevis@oftel.gov.uk),
by no later than 12 November 2001.

6. In the second stage, interested parties are invited to send
comments to Selena Bevis, details as above, by no later than
26 November 2001 on representations and objections
received in the first stage.

7. 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.

8. Any representations against

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

9. Copies of

the proposed modifications, and a full

list of
licences affected, can be obtained from Oftel’s Research
(44-207)
and Intelligence Unit at the above address (Tel.
and Oftel’s
634 85 17,
Statement
to
mobiles, September 2001(cid:146)
is also available on Oftel’s
website at www.oftel.gov.uk.

e-mail mark.keane@oftel.gov.uk)
(cid:145)Review of

the charge control on calls