Statutory Instrument 1999 No. 2454

The Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1999 No. 2454

TELECOMMUNICATIONS

The Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999

	Made	3rd September 1999
	Laid before Parliament	6th September 1999
	Coming into force	27th September 1999

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in respect of measures relating to telecommunications, in the exercise of the powers conferred on him by that section, hereby makes the following Regulations:

Citation and commencement
    1.These Regulations may be cited as the Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999 and shall come into force on 27th September 1999.

Interpretation
    2.In these Regulations - 

"the 1984 Act" means the Telecommunications Act 1984[3];

"the former licences" means the relevant licences in the form they were in immediately before the coming into force of these Regulations;

"the CableTel Northern Ireland Limited licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to CableTel Northern Ireland Limited on 4 November 1996;

"the Comment Cablevision North East Partnership licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to the Comment Cablevision North East Partnership on 26 April 1991;

"the Coventry licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Coventry Cable Limited on 21 April 1997;

"the modified licences" means the relevant licences as amended by these Regulations;

"the relevant licences" means the relevant cable licences and the relevant local delivery operator licences;

"the relevant cable licences" means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 1 hereto on the date specified against each person in column 2 thereof;

"the relevant local delivery operator licences" means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 2 hereto on the date specified against each person in column 2 thereof;

"the standard Schedules" means the Schedules to the Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999[4]; and

"the Windsor Television licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Windsor Television Limited on 16 April 1991.

Modification of the relevant licences
    3.The relevant licences are hereby modified as follows:

(a) for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 3 hereto, subject to the following amendment - 

    in the case of the Comment Cablevision North East Partnership licence, after Annex B in the Table of Contents there shall be added the words "ANNEX C DESCRIPTION OF THE PARTNERSHIP";

(b) in the case of the relevant cable licences - 


(i) in paragraphs 1 and 2, for the words "Applicable Cabled Systems" wherever they appear there shall be substituted the words "Applicable Systems";

(ii) in paragraph 2 of the relevant cable licences specified in Part A of Schedule 1 hereto other than the Comment Cablevision North East Partnership licence, for the words "Annex C" there shall be substituted the words "Annex B1";

(iii) in paragraph 2 of the Comment Cablevision North East Partnership licence, for the words "Annex D" there shall be substituted the words "Annex B1";

(iv) in paragraph 3, before the words "shall continue" there shall be inserted the words "without prejudice to Schedule 2 to this Licence";



(c) in the case of the relevant cable licences other than the Windsor Television Limited licence, after paragraph 3 there shall be added the following paragraphs - 

" Interpretation
    4.The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.

    5.In this Licence, 'Licence' means a licence granted or having effect as if granted under section 7 of the Act.

    6.For the purposes of this Licence the "Applicable Systems" means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires.

    7.Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.

    8.Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee's registered office.";

(d) in the case of the Windsor Television Limited licence, after paragraph 4 the paragraphs set out in sub-paragraph (c) above shall be added as paragraphs 5 to 9 respectively;

(e) in the case of the relevant local delivery operator licences - 


(i) in paragraph 1 of the licences set out in Part A of Schedule 2 hereto, for the words "telecommunication systems of every description" there shall be substituted the words "the telecommunication systems specified in Annex A";

(ii) in paragraph 5 of the licences specified in sub-paragraph (e)(i) above other than the CableTel Northern Ireland Limited licence, for the words "Annex A" there shall be substituted the words "Annex B"; and

(iii) for paragraph 7 there shall be substituted the following paragraph - 

    " 7.Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.";

(f) for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the following amendments - 


(i) in the case of each relevant cable licence - 


(aa) condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments - 

(i) for paragraph 1 there shall be substituted the following paragraph - 

    " 1.1


(a) If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).

(b) If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).

(c) The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person."; and



(bb) after paragraph 4 of condition 1 there shall be inserted the following paragraph - 

    " 1.5In this Condition - 


'Entertainment Services' means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990;";

(ii) in the case of the relevant local delivery operator licences other than the Coventry Cable licence, after paragraph 2 of condition 1 there shall be inserted the following paragraphs - 

    " 1.3The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the requirements of a licence granted, or having effect as if granted, to the Licensee or a member of the Licensee's Group under Part II of the Broadcasting Act 1990, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.

    1.4In this Condition - 


'Entertainment Services' means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990."; and

(iii) in the case of the Coventry Cable licence condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments - 


(aa) for paragraph 1 there shall be substituted the following - 

    " 1.1


(a) If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).

(b) If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).

(c) The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person."; and



(bb) for paragraphs 5 and 6 there shall be substituted the following - 

    " 1.5In this Condition - 


'Entertainment Services' means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.";

(g) for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules, subject to the following amendments - 


(i) in the case of the relevant licences other than those specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph - 


" (k) if any licence granted, including a licence having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990 is revoked."; and


(ii) in the case of the relevant licences specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph - 


" (k) if any licence granted to the Licensee or a member of the Licensee's Group, including a licence having effect as if granted, under Part II of the Broadcasting Act 1990 is revoked.";



(h) for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules, subject to the following amendments - 



(i) in paragraph 2,



(aa) after sub-paragraph (d) there shall be inserted the following sub-paragraph - 



" (dd) any telecommunication system of the kind mentioned in section 6(2A) of the Act run by a broadcasting authority;" and



(bb) in sub-paragraph (e) for the words "paragraphs 2(a) to 2(d)" there shall be substituted the words "paragraphs 2(a) to 2(dd)"; and



(ii) in the case of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, after sub-paragraph (d) of paragraph 3 there shall be added the following - 

" Provided That the Licensee may not provide in any particular geographical area telecommunication services comprising the conveyance of Messages authorised above under the terms of this Licence and which originate or terminate in that geographical area for so long as the Licensee or a member of the Licensee's Group holds an individual licence (other than this Licence) granted or to be granted under section 7 of the Act which authorises the provision of those particular services in that particular geographical area and which has not been revoked in accordance with the provisions of Schedule 2 to that licence, except where that licence has been revoked with the agreement of the licensee thereunder.";

(i) for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;

(j) in each of the relevant cable licences, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto;

(k) in each of the relevant cable licences specified in Part A of Schedule 1 hereto Annex B shall be deleted;

(l) in each of the relevant local delivery operator licences other than those specified in Part B of Schedule 2 hereto Annex A shall be renumbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto; and

(m) in each of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto, save that in paragraph 1 thereof after the words "United Kingdom" there shall be inserted the words "but only in so far as they are used to convey services whose provision is authorised under paragraph 3 of Schedule 3 to this Licence and".

Transitional provisions
    4. - (1) So far as anything done or treated as done under or for the purposes of any provision of the former licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences shall be treated for all purposes as made and having effect under the corresponding provision.

    (2) Where any period of time specified in a provision of the former licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time - 

(a) ran from the date or event from which it was running immediately before the coming into force of these Regulations, and

(b) expired whenever it would have expired if the former licences had not been modified;

and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences.


Patricia Hewitt,
Minister of State for Small Business and E. Commerce, Department of Trade and Industry

3rd September 1999

SCHEDULE 1Regulation 2



PART A

Column 1	Column 2
Aberdeen Cable Services Ltd	20/5/1985
Coventry Cable Limited	22/5/1985
Swindon Cable Ltd	31/12/1986
City Centre Cable	3/5/1988
Cotswold Cable Television Company Limited	26/8/1988
Southampton Cable Limited	23/1/1989
East Lancashire Cablevision Limited	21/6/1989
Andover Cablevision Limited	28/6/1989
Cablevision Bedfordshire Limited	23/8/1989
West Country Cable Limited	5/12/1989
Cable North (Motherwell) Limited	18/1/1990
Cable North (Cumbernauld) Limited	18/1/1990
Cable North (Dumbarton) Limited	18/1/1990
United Cable Television (London South) plc	23/1/1990
Norwich Cablevision Ltd	19/2/1990
Videotron London Limited	15/3/1990
Peterborough Cablevision Ltd	2/4/1990
Bolton Telecable Ltd	4/4/1990
Videotron London Limited	1/5/1990
Videotron London Limited	1/5/1990
United Artists Communications (London South) PLC	8/5/1990
Cable and Satellite Television Holdings Limited	18/5/1990
East Coast Cable Limited	7/6/1990
Mid Downs Cable Limited	9/7/1990
Herts Cable Limited	13/8/1990
City Centre Communications Limited	31/8/1990
Derby Cablevision Limited	3/9/1990
Leicester Communications Limited	3/9/1990
Cable Television Limited	4/9/1990
Southdown Cablevision Limited	28/9/1990
Jones Cable Group of South Hertfordshire Limited	15/10/1990
Fenland Cablevision Limited	29/10/1990
Heartland Cablevision II (UK) Limited	31/10/1990
South Yorkshire Cablevision Limited	1/11/1990
Cable Thames Valley Limited	2/11/1990
Cable North (Forth District) Limited	11/11/1990
United Artists Communications (North Thames Estuary) Limited	14/11/1990
Heartland Cablevision II (UK) Limited	21/11/1990
East London Telecommunications Limited	29/11/1990
Stort Valley Cable Limited	29/11/1990
Starside Network Limited	30/11/1990
United Artists Communications (South Thames Estuary) Ltd	30/11/1990
Stafford Communications Limited	4/12/1990
Cable Communications (St Helens and Knowsley) Limited	8/12/1990
Telecable of Stockport Limited	8/12/1990
Telecable of Macclesfield Limited	19/12/1990
Staffordshire Cable Limited	19/12/1990
Heartland Cablevision (UK) Limited	19/12/1990
Cablevision (Scotland) plc	20/12/1990
Telecable of Calderdale Limited	7/1/1991
Telecable of Harrow Limited	9/1/1991
Cablevision North Bedfordshire Limited	9/1/1991
Cablevision Communications Company of Hertfordshire Ltd	11/1/1991
Britannia Cablesystems Wirral Limited	16/1/1991
Broadland Cablevision Limited	17/1/1991
Tayside Cable Systems Ltd	17/1/1991
Tayside Cable Systems Limited	17/1/1991
East London Telecommunications Limited	23/1/1991
Cheshire Cable Limited	31/1/1991
Telecommunications Network Limited	7/2/1991
Wessex Cable Limited	7/2/1991
Wakefield Cable Limited	7/2/1991
Jones Cable Group of Aylesbury and Chiltern Limited	18/2/1991
Britannia Cablesystems Teesside Limited	21/2/1991
Britannia Cablesystems Surrey Limited	6/3/1991
Greater Manchester Cablevision Limited	18/3/1991
Britannia Cablesystems Darlington Limited	18/3/1991
Northampton Cable Television Limited	27/3/1991
Britannia Cablesystems Solent Limited	9/4/1991
Kingdom Cablevision Ltd	18/4/1991
Videotron South Limited	22/4/1991
Oxford Cable Limited	22/5/1991
Videotron Thamesmead Limited	6/6/1991
Comment Cablevision Wearside Partnership	24/9/1993
Devon Cablevision Limited	16/12/1993

PART B

Column 1	Column 2
Westminster Cable Company Limited	26/4/1985
Clyde Cablevision Ltd	7/6/1985
CableTel Communications Limited	24/9/1985
Windsor Television Ltd	30/9/1985
East London Telecommunications Ltd	1/7/1986
Cable Camden Limited	7/8/1989
Lancashire Cable Television Limited	14/10/1989
Merseyside Cablevision Limited	14/10/1989
Birmingham Cable Limited	2/11/1989
East London Telecommunications Limited	16/11/1989
Cable Haringey Limited	4/4/1990
Diamond Cable (Nottingham) Limited	17/4/1990
Cambridge Cable Limited	13/7/1990
NYNEX CableComms Wessex	17/7/1990
Harrogate Telecommunications Complex	29/10/1990
York Telecommunications Complex	29/10/1990
Cable Hackney and Islington Limited	29/10/1990
Cable Communications (Wigan) Ltd	14/11/1990
Cable Commuications (Barnsley) Ltd	14/11/1990
Cable Enfield Limited	25/11/1990
Cable Communications (Liverpool) Limited	30/11/1990
Jones Cable Group of Leeds Limited	8/12/1990
Cablevision Communications Company Limited	8/12/1990
Sheffield Cable Media Limited	19/12/1990
Kirklees Cable	20/12/1990
Alphavision Communications Grim-Clee Limited	16/1/1991
Alphavision Communications Lincoln Ltd	17/1/1991
Newport Cablevision	23/1/1991
West Midland Cable Communications Limited	25/1/1991
Clyde Cablevision	29/1/1991
Clyde Cablevision	29/1/1991
Clyde Cablevision	29/1/1991
Clyde Cablevision	29/1/1991
Middlesex Cable Limited	15/2/1991
Diamond Cable (Mansfield) Limited	20/2/1991
Diamond Cable (Newark) Limited	27/3/1991
Diamond Cable (Grantham) Limited	27/3/1991
Diamond Cable (Melton Mowbray) Limited	27/3/1991
Windsor Television Limited	11/4/1991
Telford Telecommunications Limited	12/4/1991
Encom Cable TV & Telecommunications Limited	11/3/1993
Encom Cable TV & Telecommunications Limited	1/4/1993
Bradford Cable Communications Limited	15/7/1993
Comment Cablevision Worcester Limited	25/9/1993
Insight Communications Cardiff Limited	13/10/1993
Cabletel Surrey Ltd	13/10/1993
NYNEX CableComms Bury & Rochdale	14/12/1993
NYNEX CableComms Oldham & Tameside	14/12/1993
United Artists Communications (London South) plc	14/1/1994

SCHEDULE 2Regulation 2



PART A

Column 1	Column 2
CableTel South Wales Limited	4/11/1996
CableTel Northern Ireland Limited	4/11/1996
Birmingham Cable Limited	6/1/1997
Lichfield Cable Communications Limited.	19/12/1996
Eurobell (West Kent) Limited	14/10/1996
Telewest Communications Fylde & Wyre Limited	19/12/1996
Telewest Communications Southport Limited	19/12/1996
Sussex Cable & Telecoms Limited	7/7/1997
Shropshire Cable & Telecoms Limited	7/7/1997
Videotron Southampton & Eastleigh Limited	4/11/1996
Coventry Cable Limited	21/4/1997

PART B

Column 1	Column 2
Telewest Communications plc	14/1/1997
Diamond Cable Communications (UK) Ltd	28/4/1997
Cable Thames Valley Limited	28/7/1997
Eurobell Holdings plc	28/7/1997
General Telecommunications Limited	28/7/1997

SCHEDULE 3Regulation 3(a)


TABLE OF CONTENTS

THE LICENCE



SCHEDULE 1:
CONDITIONS INCLUDED UNDER SECTION 7 OF THE ACT



PART 1:
Definitions and interpretation relating to the Conditions in Schedule 1


PART 2:
General Conditions
    1.Requirement to provide Telecommunication Services
    2.Requirement to provide Directory Services
    3.Requirement to provide International Conveyance Services or International Directory Services
    4.Access to Emergency Call Services and Operator Assistance
    5.Connection of Systems and Apparatus
    6.Provision by Others of Services by means of the Applicable Systems
    7.Publication of Charges, Terms and Conditions
    8.Prohibition on Undue Preference and Undue Discrimination
    9.Requirement to Provide Connection Services including Co-location and Facility Sharing
    10.Requirement to offer Contracts for Telephone Services
    11.Metering Arrangements
    12.Billing Arrangements
    13.Itemised Bills
    14.Non Payment of Bills
    15.Publication of Interfaces
    16.Essential Interfaces
    17.Use of Automatic Calling Equipment
    18.Restrictions on Advertising
    19.Consultation with Emergency Organisations and Provision of Services in Emergencies
    20.Essential Requirements and Essential Public Interests
    21.Standards for ISDN Network Termination Points
    22.Controlled Services
    23.Provision of Special Facilities Relating to Chatline and Message Services
    24.Public Call Box Services
    25.Supply and Connection of Apparatus for Disabled People
    26.Numbering Arrangements
    27.Numbering Arrangements for Other Numbers
    28.Number Portability
    29.Obligation to Supply Numbering Information on Request
    30.Accounting Separation for Special or Exclusive Rights in Non-Telecommunication sectors
    31.Fair Trading
    32.Conciliation and Resolution of Disputes
    33.Requirement to Furnish Information to the Director
    34.Notification of Changes in Shareholdings
    35.Licensee's Group
    36.Payment of Fees
    37.Bodies Recognised to be Representing Interests of Consumers


PART A:
Universal Services Conditions
    38.Determination of Provider of Universal Services
    39.Universal Service Fund
    40.Requirement to provide Telephone Services on Request
    41.Schemes for Users with Special Social Needs
    42.Provision of Public Call Box Services


PART B:
Obligation to provide services other than Voice Telephony on request
    43.Requirement to provide Telecommunication Services, other than Voice Telephony Services, on Request


PART C:
Operators with Significant Market Power for the purposes of the Interconnection Directive
    44.Determination of Significant Market Power
    45.Interconnection Agreements with Schedule 2 Public Operators including Co-location and Facility Sharing
    46.Requirement to Publish a reference interconnection offer
    47.Requirements relating to Interconnection Agreements with Schedule 2 Public Operators
    48.Requirement to meet Requests for Access other than from Schedule 2 Public Operators
    49.Requirement to Send Individual Agreements to the Director and to Publish Them
    50.Requirement to have Cost Accounting Systems and Accounting Separation for Interconnection Purposes


PART D:
Operators with Significant Market Power for the purposes of the Revised Voice Telephony Directive and Operators which have been running a Fixed Public Telephone Service for more than 18 months
    51.Scope of Application of this Part
    52.Quality of Service and Provision of Additional Facilities
    53.Special Network Access
    54.Tariffs, Cost Accounting Principles and Discount Schemes


PART E:
Leased Lines Directive Conditions
    55.Leased Lines


PART F:
Market Influence
    56.Determination by the Director of Market Influence


PART G:
Undue Discrimination and Price Publication Requirements which apply to Parts A, B, C, D, E and F
    57.Prohibition on Undue Preference and Undue Discrimination
    58.Publication of Charges, Terms and Conditions


PART H:
Requirements relating to Operators with an International Business
    59.Proportionate Return in respect of the provision of International Simple Voice Resale Services
    60.Proportionate Return in respect of International Conveyance Services
    61.Information to the Director about International Accounting Rates etc.
    62.Accounting Separation for International Business
    63.Maintenance of Effective Competition


PART I:
Exceptions and Limitations on Obligations in Schedule 1
    64.Exceptions and Limitations on Obligations in Schedule 1


SCHEDULE 2:
REVOCATION



SCHEDULE 3:
AUTHORISATION TO CONNECT OTHER TELECOMMUNICATION SYSTEMS AND APPARATUS TO THE APPLICABLE SYSTEMS AND TO PROVIDE TELECOMMUNICATION SERVICES BY MEANS OF THE APPLICABLE SYSTEMS



SCHEDULE 4:
EXCEPTIONS AND CONDITIONS RELATING TO THE APPLICATION OF THE TELECOMMUNICATIONS CODE



PART 1:
Definitions and interpretation relating to the Conditions in Schedule 4


PART 2:
Exceptions and Conditions relating to the application of the Telecommunications Code
    1.Lines
    2.Installation of telecommunication apparatus other than Lines above the ground
    3.Conservation areas
    4.Listed buildings and ancient monuments
    5.National Parks etc.
    6.National Trust and National Trust for Scotland
    7.Placing of underground lines in ducts
    8.Maintenance and the safety of apparatus
    9.Arrangements with electricity suppliers
    10.Instructions for the installation of apparatus
    11.Records of apparatus
    12.Emergency Works and Urgent Works
    13.Public or private events and construction sites etc.
    14.Emergency Organisations
    15.Public inspection of code related licence conditions
    16.Funds for meeting liabilities


ANNEX A
THE APPLICABLE SYSTEMS


ANNEX B
THE LICENSED AREA


SCHEDULE 4Regulation 3(j)



ANNEX A
THE APPLICABLE SYSTEMS
    1.The Applicable Systems are telecommunication systems of every description within the United Kingdom provided that a system ("the System") is an Applicable System only to the extent that it satisfies each of the following conditions:

(a) the System is one by means of which Messages are conveyed or are to be conveyed:


(i) from one Network Termination Point to another such Point;

(ii) from a Network Termination Point to another place which is neither a Network Termination Point nor a Call Office or from such a place to such a Point;

(iii) between a place which is neither a Network Termination Point nor a Call Office and another such place where their conveyance is not by way of provision of a service to another person; or

(iv) between a Call Office and any other place;



but in any case not beyond a Network Termination Point;

(b) none of the apparatus comprised in the System is Relevant Terminal Apparatus installed on premises occupied by a person to whom there are provided telecommunication services by means of the System.

    2.In this Annex:

"Applicable Terminal Equipment" means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (SI 1992/2423);

"Approved Apparatus" means apparatus approved under section 22 of the Act for connection to that system or which is Compliant Terminal Equipment;

"Call Office" means telecommunication apparatus not supplied by the Licensee to any particular person but made available for use by the public or a class of the public;

"Compliant Terminal Equipment" means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992;

"Message" means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;

"Network Connecting Apparatus" means telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another telecommunication system;

"Network Termination and Testing Apparatus" means an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:

(i) Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;

(ii) the conveyance of Messages between such Apparatus and the Applicable Systems; and

iii) the due functioning of the Applicable Systems to be tested,



but the only other functions of which, if any, are:



(A) to supply energy between such Apparatus and the Applicable Systems;

(B) to protect the safety or security of the operation of the Applicable Systems; or

(C) to enable other operations exclusively related to the running of the Applicable Systems to be performed or the due functioning of any system to which the Applicable Systems are or are to be connected to be tested (separately or together with the Applicable Systems);

"Network Termination Point" means any point:

(i) within an item of Network Connecting Apparatus at which energy in any of the forms specified in section 4(1) of the Act is conveyed directly to or from apparatus comprised in a telecommunication system other than one in which that Network Connecting Apparatus is comprised; or

(ii) within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus;

(iii) which, in the case of a radio based telecommunication system, is the last point at which Messages are transmitted, or the first point at which Messages are received, in the form of electromagnetic signals, by apparatus run by a person other than the Licensee and lawfully connected to that System;

"Relevant Terminal Apparatus" means:

(i) "Terminal Apparatus", that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and

(ii) any other telecommunication apparatus connected to the apparatus referred to in sub-paragraph (i) above constituting a system run under a Licence by the person using that Terminal Apparatus; and

"Served Premises" means a single set of premises in single occupation where apparatus has been installed for the purpose of the provision of telecommunication services by means of the Applicable Systems at those premises.

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the telecommunications licences granted to the licensees specified in Schedules 1 and 2 for the provision of cable television services. The Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (S.I. 1999/2450) replace the schedules to the licences, subject to certain specific amendments. The amendments are being made to these licences as part of the implementation in the United Kingdom of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications (OJ. No. L199, 26.7.97, p.32), which requires that conditions in all telecommunications licences of a similar type should be harmonised, except where objectively justified in particular instances.

A Regulatory Impact Assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS.

The licences modified by these Regulations may be inspected at the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ.

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Notes:

[1] S.I. 1996/266.back

[2] 1972 c. 68.back

[3] 1984 c. 12, as amended by the Telecommunications (Licensing) Regulations 1997 (S.I. 1997/2930). There are other amendments to 1984 c. 12 which are not relevant to these Regulations.back

[4] S.I. 1999/2450.back

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ISBN 0 11 085225 7

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