Determination relating to controlled premium rate services under the proposed Condition 22 of Part 2 of Schedule 1 to the Public Telecommunications Operators' ("PTO") Licences and under the proposed Condition 26 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: public service, telecommunications, trade licence, transmission network

C 321/4

EN

Official Journal of the European Communities

16.11.2001

Determination relating to controlled premium rate services under the proposed Condition 22 of
Part 2 of Schedule 1 to the Public Telecommunications Operators’ ((cid:145)PTO(cid:146)) Licences and under the
proposed Condition 26 of Part 2 of Schedule 1 to the class licences to run branch systems to
provide telecommunications services ((cid:145)TSL(cid:146)) and international simple voice resale services ((cid:145)ISVR(cid:146))

(2001/C 321/03)

THIS NOTICE REPLACES A NOTICE PUBLISHED IN THE LONDON GAZETTE 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

1.
On 14 September 2001 the Director General of Telecom-
munications (the (cid:145)Director General(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)), 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
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.

the running of

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.

The effect of the relevant proposed modifications to the
3.
PTO, TSL and ISVR licences would be to widen the definition
of what type of premium rate services (PRS) might be caught
under those licences by replacing the current definition of
(cid:145)Controlled
(cid:145)Controlled Services(cid:146) with the definition of
Premium Rate Services(cid:146). 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.

The Director General hereby gives notice

4.
that he
proposes to make a determination under sub-paragraph 22.5
of the new proposed Condition 22 of the PTO licences and

sub-paragraph 26.5 of the new proposed Condition 26 of the
TSL and ISVR licences to recognise a code of practice to be
issued by ICSTIS (which is annexed to the Director General’s
draft determination) for the purposes of subparagraphs 22.3
and 26.3 of those respective licences.

The making of the final determination will, of course, be
5.
the respective statutory public
subject
to the outcome of
consultations and whether
the proposed modifications are
finally made to the PTO licences, and the TSL and ISVR
licences successfully revoked and re-granted. The consultation
on the draft determination shall not be taken to fetter the
Director General’s discretion as
the
the Secretary of
proposed modifications
themselves, nor
State’s discretion as to the revoking of
the TSL and ISVR
licences.

to the making of

6.
The text of the proposed draft determination together
with the Explanatory Memorandum is available via Oftel’s
website (www.oftel.gov.uk) or may be obtained from Oftel’s
Research and Intelligence Unit at the address below.

7.
Representations on the proposed draft determination may
be made to: Gavin Daykin, Oftel, 50 Ludgate Hill, London,
EC4M 7JJ (tel. (44-207) 634 53 38; fax (44-207) 634 87 84;
than 9
e-mail:
November 2001. There will be no further period for interested
parties to make comments on any comments made during the
abovementioned period.

gavin.daykin@oftel.gov.uk)

later

no

by

Any confidential material should be clearly marked as
8.
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.