The Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998

• (i) tariffs must be based on objective criteria and, until such time as competition becomes effective in keeping down prices for users, must in principle be cost oriented, on the understanding that the fixing of the actual tariff level will continue to be governed by national law and is not the subject of open network provision conditions. Where an organisation no longer has Significant Market Power in the relevant market, the requirement for cost orientation may be set aside by the Director. One of the aims should be the definition of efficient tariff principles throughout the Community while ensuring a general service for all;

• (ii) tariffs must be transparent and must be properly published;

• (iii) in order to leave users a choice between the individual service elements and where technology so permits, tariffs must be sufficiently unbundled in accordance with the competition rules of the Treaty. In particular, additional features introduced to provide certain specific extra services must, as a general rule, be charged independently of the inclusive features and transportation as such;

• (iv) tariffs must be non-discriminatory and guarantee equality of treatment, except for restrictions which are compatible with Community law.

Any charge for access to network resources or services must comply with the principles set out above and with the competition rules of the Treaty and must also take into account the principle of fair sharing in the global cost of the resources used, the need for a reasonable level of return on investment and, where appropriate, the financing of universal service in accordance with the Interconnection Regulations.

There may be different tariffs, in particular to take account of excess traffic during peak periods and lack of traffic during off-peak periods, provided that the tariff differentials are commercially justifiable and do not conflict with the above principles.

SCHEDULE V — CONDITIONS INSERTED IN SCHEDULE 1 TO THE VOICE TELEPHONY LICENCE

SCHEDULE VI

PART 1 — CONDITIONS INSERTED INTO PART X “REVISED VOICE TELEPHONY CONDITIONS” AFTER PARAGRAPH RVTD2.18 IN SCHEDULE 1 TO THE LICENCE GRANTED TO BRITISH TELECOMMUNICATIONS DATED 22nd JUNE 1984

RVTD2.19

The Licensee shall in accordance with paragraphs RVTD2.22, 2.23 and 2.24 below, on request by any public telecommunications operator subject to the obligations in paragraphs RVTD2.7 and RVTD2.10 above, make available to that operator for the purpose of enabling such operator to comply with its obligations:

• (a) such directories, as the Licensee compiles, in a form approved by the Director, which comply with the requirements of paragraph RVTD2.4 above;

• (b) the contents of the database, in machine readable form, which the Licensee uses to compile directories for the purpose of complying with its obligation under paragraph RVTD2.7, and

• (c) on-line access (including a search facility) to the database which the Licensee uses to provide a Directory Information Service for the purpose of complying with its obligation under paragraph RVTD2.10 above.

RVTD2.20

If, following a written representation by the Licensee that the market for provision of any of the items in sub-paragraphs (a) to (c) above is competitive, the Director determines that such market is competitive in any specified area of the United Kingdom, the obligation upon the Licensee in paragraph RVTD2.19 above will cease to apply with respect to the provision of such item in respect of that specified area.

RVTD2.21

The Licensee shall supply the items in paragraphs (a) to (c) of paragraph RVTD 2.19 above at the reasonable request of the person requesting such items. Without prejudice to the generality of the foregoing, the Licensee may refuse to supply such items if the person requesting such items does not undertake to Process the data or information contained in them in accordance with any relevant Code of Practice, or the Licensee has reasonable grounds to believe that the person requesting such items will not comply with Relevant Data Protection Legislation.

RVTD2.22

The Licensee shall supply the items in paragraphs (b) and (c) in paragraph RVTD2.19 having due regard, in such manner as is appropriate, to any subscriber who has expressed opposition to inclusion of Directory Information about that subscriber in a directory or as part of Directory Information Service provided to end-users.

RVTD2.23

Where the Licensee is requested to supply the items in paragraphs (a) to (c) of paragraph RVTD2.19 above, the Licensee shall do so on terms which are fair, cost oriented and non-discriminatory, and in a format which is agreed between the Licensee and the person requesting the information, or approved by the Director, where no such agreement is reached.

PART 2 — CONDITIONS INSERTED INTO PART X “REVISED VOICE TELEPHONY CONDITIONS” AFTER PARAGRAPH RVTD2.18 IN SCHEDULE 1 TO THE LICENCES GRANTED TO KINGSTON UPON HULL CITY COUNCIL AND KINGSTON COMMUNI CATIONS (HULL) PLC DATED 30 NOVEMBER 1987

RVTD2.19

The Licensee shall, on request by any public telecommunications operator subject to the obligations in paragraph RVTD2.7 above, make available, to such operator, for the purpose of enabling such operator to comply with such obligations, such directories which the Licensee compiles, in a form approved by the Director.

RVTD2.20

If, following a written representation by the Licensee that the market for provision of such directories described in paragraph RVTD2.19 is competitive, the Director determines that such market is competitive in any specified area of the United Kingdom, the obligation upon the Licensee in paragraph RVTD2.19 above will cease to apply with respect to the provision of directories in respect of that specified area.

RVTD2.21

The Licensee shall supply any directories under paragraph RVTD2.19 above at the reasonable request of the person requesting such directories. Without prejudice to the generality of the foregoing, the Licensee may refuse to supply such directories if the person requesting them does not undertake to Process the data or information contained in them in accordance with any relevant Code of Practice, or the Licensee has reasonable grounds to believe that the person requesting the directories will not comply with Relevant Data Protection Legislation.

RVTD2.22

Where the Licensee is requested to supply any directories in accordance with paragraph RVTD2.19 above, the Licensee shall do so on terms which are fair, cost oriented and non-discriminatory, and in a format which is agreed between the Licensee and the person requesting the information, or approved by the Director, where no such agreement is reached.

Signed

Barbara Roche, — Parliamentary Under-Secretary of State for Small Firms, Trade and Industry, — Department of Trade and Industry — 28th June 1998

Explanatory note

(This note is not part of the Regulations)

These Regulations implement Directive 98/10/EC of the European Parliament and of the Council on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (“the Revised Voice Telephony Directive”).

Regulations 7 to 12 implement Articles 3 to 8 of the Revised Voice Telephony Directive by giving duties to the Secretary of State and the Director General of Telecommunications (“the Director”) in relation to the provision of fixed publicly available telephone services to all users at an affordable price.

Regulations 13 to 35 implement Articles 9 to 21 of the Revised Voice Telephony Directive which provide that users with access to fixed public telephone systems shall be offered certain services and that certain quality standards shall be maintained. Certain specified services must also be provided to users of public mobile telephone systems. These Regulations confer powers and impose duties on the Secretary of State and the Director to ensure compliance with these provisions in exercising their functions under the Telecommunications Act 1984. They also impose direct duties on Systemless Service Providers to comply with the relevant obligations imposed in these Articles.

Regulation 36 implements Article 24 by imposing on the Secretary of State and the Director a duty to consult interested parties on issues relating to the scope, affordability and quality of publicly available telephone services. Regulation 37 implements Article 26 by imposing on the Director a duty to establish procedures to address complaints concerning matters within the scope of the Revised Voice Telephony Directive.

Regulation 39 modifies licences granted under section 7 of the Telecommunications Act 1984 to insert appropriate new conditions implementing the Revised Voice Telephony Directive. These Conditions are referred to as “the Revised Voice Telephony Conditions” and are set out in Schedules V and VI to the Regulations.

The Telecommunications (Voice Telephony) Regulations 1997 (S.I. 1997/1886) are revoked (save insofar as they confer rights and obligations on organisations authorised to provide telecommunications networks or services in members of the European Free Trade Association).

The licences modified by regulation 39 may be inspected at, and copies of the modifications to the licence granted to British Telecommunications plc (“BT”) and of the other licences obtained from, the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ. The BT licence (fourth edition November 1995) is published by HMSO price £19.95.

A compliance cost 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. Copies have been placed in the libraries of both Houses of Parliament.

Footnotes