The Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities 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 for the purposes of section 2(2) of the European Communities Act 1972 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) (Fixed Voice Telephony and International Facilities 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 ;

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

• “the Kingston Communications (Hull) PLC licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Kingston Communications (Hull) PLC on 24 March 1999;

• “the Mercury Communications licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury Communications Limited on 5 November 1984;

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

• “the relevant licences" means the relevant fixed voice telephony licences and the relevant international facilities operator licences;

• “the relevant fixed voice telephony 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 Schedule 1 hereto on the date specified against each person in column 2 thereof;

• “the relevant international facilities 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 revoked 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 Schedule 5 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 ; and

• “the Videotron City and Westminster licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Videotron City and Westminster Limited on 3 March 1994.

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;

• (b) in paragraph 1,

• (i) for the words “telecommunication systems of every description" there shall be substituted the words “ telecommunication systems specified in Annex A ”;

• (ii) in the case of the Videotron City and Westminster licence, for the words “Annex A" there shall be substituted the words “ Annex B ”;

• (c) for the words “shall be of six months’ duration" to the end

• (i) in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, in paragraph 2 thereof, and

• (ii) in the case of the relevant international facility operator licences specified in Part B of that Schedule and in the case of the Kingston Communications (Hull) PLC licence, in paragraph 3 thereof,

there shall be substituted the words “ shall be of twenty five years’ duration in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years’ notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of this Licence. ”;

• (d) in the case of the Kingston Communications (Hull) PLC licence, in paragraph 5 for the words “Annex A" there shall be substituted the words “ Annex B ”;

• (e) in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, for paragraph 6 there shall be substituted the following paragraph—

(6) 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) in the case of the relevant fixed voice telephony licences, other than the Mercury Communications licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for paragraph 7 there shall be substituted as paragraph 7 the paragraph set out in sub-paragraph (e) above;

• (g) in case of the Mercury Communications licence, after paragraph 3 there shall be added the following paragraphs—

(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.;

• (h) for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules,

• (i) for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules;

• (j) for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules;

• (k) in the case of the relevant fixed voice telephony licences and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;

• (l) in the case of

• (aa) the relevant international facilities operator licences specified in Part A of Schedule 2 hereto, after Schedule 3 thereof; and

• (bb) the relevant fixed voice telephony licences, other than the Kingston Communications (Hull) PLC licence, the Mercury Communications licence and the Videotron City and Westminster licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, after Schedule 4 thereof,

there shall be added Annex A as set out in Schedule 4 hereto;

• (m) in the case of the Mercury Communications licence for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto; and

• (n) in the case of the Kingston Communications (Hull) PLC licence and the Videotron City and Westminster licence Annex A shall be re-numbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto.

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 or the revoked 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 or the revoked licences, as the case may be, 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 or the revoked 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 or the revoked licences had not been modified or revoked, as the case may be;

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 or the revoked licences, as the case may be.

Revocation of licences

5

The licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the dates specified against each person in column 2 thereof are revoked.

SCHEDULE 1

SCHEDULE 2

PART A

PART B

SCHEDULE 3 — TABLE OF CONTENTS

SCHEDULE 4 — THE APPLICABLE SYSTEMS

ANNEX A

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 (S.I. 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:Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;the conveyance of Messages between such Apparatus and the Applicable Systems; andthe due functioning of the Applicable Systems to be tested,but the only other functions of which, if any, are:to supply energy between such Apparatus and the Applicable Systems;to protect the safety or security of the operation of the Applicable Systems; orto 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: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; orwithin an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus;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:“Terminal Apparatus", that is to say any telecommunication apparatus installed on Served Premises except a Call Office; andany 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.

SCHEDULE 5 — LICENCES REVOKED

Signed

Patricia Hewitt, — Minister of State for Small Business and E. Commerce, — Department of Trade and Industry — 3rd September 1999

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 1999/266.

[^f00002]: 1972 c. 68.

[^f00003]: 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.

[^f00004]: S.I. 1999/2450.

Editorial notes

[^c16449081]: S.I. 1999/266.

[^c16449091]: 1972 c. 68.

[^c16449101]: 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.

[^c16449111]: S.I. 1999/2450.