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 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) (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 ;

• “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 ; 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—

• (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—

(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) (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) In 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) 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 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) In 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) (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) In 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.

SCHEDULE 1

PART A

PART B

SCHEDULE 2

PART A

PART B

SCHEDULE 3 — TABLE OF CONTENTS

SCHEDULE 4

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: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.

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. 1996/266.

[^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

[^c16448871]: S.I. 1996/266.

[^c16448881]: 1972 c. 68.

[^c16448891]: 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.

[^c16448901]: S.I. 1999/2450.