Notice under the proposed Condition 22.10(a) of Part 2 of Schedule 1 to the Public Telecommunication Operators' (PTO) Licences and the proposed Condition 26.10(a) of Part 2 of Schedule 1 to the class licences to run branch systems to provide telecommunications services (TSL) and international simple voice resale services (ISVR)
Date: 2001-11-16
Institutions: European Commission
Subjects: price increase, public service, telecommunications, telephone charges, trade licence, transmission network

16.11.2001

EN

Official Journal of the European Communities

C 321/5

Notice under the proposed Condition 22.10(a) of Part 2 of Schedule 1 to the Public Telecommuni-
cation Operators’ (PTO) Licences and the proposed Condition 26.10(a) of Part 2 of Schedule 1 to
the class licences to run branch systems to provide telecommunications services (TSL) and inter-
national simple voice resale services (ISVR)

(2001/C 321/04)

THIS NOTICE REPLACES A NOTICE PUBLISHED IN THE LONDON GAZZETTE AND THE EDINBURGH GAZETTE ON
FRIDAY, 5 OCTOBER 2001, WHICH WAS ALSO DUE TO BE PUBLISHED IN THE BELFAST GAZETTE ON THAT DATE
BUT WHICH WAS NOT SO PUBLISHED

CONTROLLED PREMIUM RATE SERVICES

On 14 September 2001 the Director General of Telecom-
1.
munications (the Director General), in accordance with Section
12(2) of the Telecommunications Act 1984 as amended by the
Electronic Communications Act 2000 (the Act) gave notice that
he proposes to make modifications to all licences granted by
the Secretary of State for Trade and Industry (the Secretary of
State) under Section 7 of the Act to particular persons during
the period beginning on 22 June 1984 and ending on 29
August 2001 for the running of telecommunications systems
which the Secretary of State has designated by order under
Section 9 of the Act as public telecommunication systems,
collectively referred to hereinafter as the PTO licences.

2.
On 1 October 2001, the Secretary of State in accordance
with Section 7(12) and (13) of the Act gave notice that he
proposes to revoke the class licences to run branch systems
to provide Telecommunications Services and International
Simple Voice Resale Services (referred to hereinafter as the
TSL and ISVR licences, respectively), and to grant new TSL
and ISVR licences.

3.
The effect of the relevant proposed modifications to the
PTO, TSL and ISVR licences would be to widen the definition
of what type of premium rate services (PRS) might be caught
under the those licences by replacing the current definition of
Controlled Services’ with the definition of Controlled Premium
Rate Services’. This would have the effect of strengthening the
regulatory regime in the PRS industry, so that the provision of
a potentially larger category of PRS (other than simply live
PRS) could be governed by a code of practice recognised by
the Director General.

4.
The proposed modifications take the form of replacing
the current Condition 22 (entitled Controlled Services) of the
PTO licences with a new Condition 22 (entitled Controlled
Premium Rate Services). Similarly, a new Condition 26
(which makes provision in identical terms to that of the new
proposed Condition 22 of the PTO licences) will replace the
current Condition 26 of both the TSL and the ISVR licences.
References below are to subparagraphs of
the proposed
Condition 22 of the PTO licences, which shall also be taken
to be referring to the corresponding subparagraphs of
the
proposed Condition 26 of both the TSL and the ISVR licences.

The text of the proposed modifications and their effect
5.
are set out in full in the Oftel Statement entitled, Regulation of
Premium Rate Services: Licence Modification which was
published on 24 July 2001. Copies of
the
proposed modifications and the statutory Notice are available
via Oftel’s website (www.oftel.gov.uk), and are also available
from Gabrielle Dakhama at the address below (tel. (44-207)
634 87 35; e-mail: gabrielle.dakhama@oftel.gov.uk).

the full text of

for

The proposed Condition 22.9 provides that,

6.
the
purposes of ascertaining whether a service is a Controlled
Premium Rate Service, the Director General shall determine
an amount for the charge of the Call by means of which the
service is obtained or the rate according to which such Call is
charged or
that
sub-paragraph 22.11(a)(iii)(A) of the definition of Controlled
Premium Rate Services is satisfied.

both which, when exceeded, means

The procedure for making the determination is set out in
7.
the proposed Condition 22.10. However,
it should be noted
that the making of the final determinations will, of course,
be subject to the outcome of the respective statutory public
consultations, and whether the proposed modifications are
finally made to PTO licences, and the TSL and ISVR licences
successfully revoked and re-granted. Accordingly, the consul-
tations on the contents of this Notice should not be taken to
fetter the Director General’s discretion as to the making of the
proposed modifications themselves, nor the discretion of the
Secretary of State to revoke and re-grant the TSL and ISVR
licences.

the Director General

8.
In accordance with the procedure detailed in the
proposed Condition 22.10(a) of the PTO licences, on the one
hand, and the proposed Condition 26.10(a) of the TSL and
is
ISVR licences, on the other hand,
licensees operating under those licences,
now notifying all
together with all
interested parties and the Independent
Committee for the Supervision of Standards of Telephone
that he is minded to set the
Information Services (ICSTIS)
amount for the charge of the Call by means of which the
service is obtained at 10 pence and the rate according to
which such Call is charged at 10 pence per minute. In other
words, the amount for the charge of the Call by means of
which the service is obtained must exceed 10 pence or the

C 321/6

EN

Official Journal of the European Communities

16.11.2001

rate according to which such Call is charged must exceed 10
pence per minute in order
to satisfy the definition of
Controlled Premium Rate Services as detailed in sub-paragraph
22.11 (a) (iii) (A) of
and subparagraph
the PTO licences
26.11 (a) (iii) (A) of the TSL and ISVR licences, respectively.

9.
In proposing that amount, the Director General has had
regard to the current prevailing standard rates for premium
rate calls of the licensees operating under the PTO licences.
The Director General notes that while premium rate calls are
less than 10 pence or 10 pence per
available at a rate of
minute,
the vast
standard practice, and that
is not
this
majority of premium rate calls would be offered at a price in
excess of 10 pence or 10 pence per minute.

10.
The Director General is also notifying licensees of both
the TSL and ISVR licences, and all other interested parties, by
publishing this Notice in the London Gazette, Belfast Gazette and
Edinburgh Gazettes and by placing a copy in the Official Journal
of European Communities.

11.
amount of

The Director General

is

the proposed charge and rate set out

seeking comments on the
in this

notice, and representations should be made to Gavin Daykin,
Regulation of PRS Consultation, Numbering Unit, Oftel, 50
Ludgate Hill,
(44-207)
634 53 38; e-mail: gavin.daykin@oftel.gov.uk) by no later
than 9 November 2001.

EC4M 7JJ

(telephone:

London

12.
There will then be a further period of 14 days in which
to make observations on any representations which have been
received in accordance with the procedure outlined in the new
proposed Condition 22.10. Such comments-on-comments are
therefore sought by no later than 23 November 2001. The
Director General will then prepare a draft determination and
statement of reasons, and invite further comments for a period
of not
less than 14 days prior to making his final deter-
the final deter-
mination. As stated above,
mination will be subject to whether the proposed modifications
are finally made to the PTO, TSL and ISVR licences.

the making of

Any confidential material should be clearly marked as
13.
such and separated out into a confidential annex. All represen-
tations 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.

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2001/C 321/05)

Date of adoption of the decision: 5.9.2001

Member State:

Aid No:

Title:

Objective:

Budget:

Aid intensity or amount:

France

N 388/01

Aid for the advertising and promotion of ornamental horticulture
products

To promote consumption of the products concerned and make
them more widely known

Provisional appropriation of FRF 8 million (EUR 1,2 million)
envisaged in 2001

50 % of the cost of advertising measures; 50-100 % of the cost of
promotion measures; 50 % for technical assistance

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids