The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

Made: 3rd September 1999

Laid before Parliament: 6th September 1999

Coming into force: 27th September 1999

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Citation and commencement

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Effect of Schedules

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SCHEDULE 1 — CONDITIONS INCLUDED UNDER SECTION 7 OF THE ACT

PART 1: — DEFINITIONS AND INTERPRETATION RELATING TO THE CONDITIONS IN SCHEDULE 1

1

In this Schedule unless the context otherwise requires:

• “Accounting Rate Service” means each telecommunication service to each country and territory for which a separate accounting rate has been agreed, not including Transit Services;

• “Act” shall have the meaning it has in paragraph 1 of this Licence;

• “Additional Conveyance Costs” means any costs incurred by a Donor Operator associated with resources used in: effecting the switch-processing required to set up each ported call; and providing the switch and transmission capacity for any part of the duration of each ported call, additional to the costs of conveyance of non-ported calls from the Applicable Systems to the Recipient Operator’s system;

• “Applicable Services” means any telecommunication service which is provided by means of the Applicable Systems;

• “Applicable Systems” has the meaning given to it in paragraph 6 of this Licence;

• “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);

• “Approval” and “Approved” mean approval and approved under section 24 of the Act;

• “Approved Apparatus” means apparatus approved under section 22 of the Act for connection to the system to which this Licence relates or which is Compliant Terminal Equipment;

• “Associated Person” means any member of the Licensee’s Group or a person with a Participating Interest in a member of the Licensee’s Group or in whom a member of the Licensee’s Group has a Participating Interest;

• “Auditing Standards” means United Kingdom auditing standards and guidelines issued from time to time by the Auditing Practices Board or its predecessor body, the Auditing Standards Body;

• “Auditor” means the Licensee’s auditor for the time being appointed in accordance with the requirements of the Companies Act 1985;

• “Authorised Overseas System” means any telecommunication system outside the United Kingdom to which the Applicable Systems are authorised to be connected under Schedule 3;

• “Billing Process” means Billing Systems and Metering Systems taken together;

• “Billing System” means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the charges to be sought for Service usage recorded by a Metering System based on published or previously negotiated pricing structures and to present these charges on customers' bills;

• “Bringing into Service” means the process of connecting by means requiring the use of a tool telecommunication apparatus (including apparatus comprised in a telecommunication system) or a telecommunication system to another telecommunication system, or the process of disconnecting by such means such apparatus or such system from another such system; and includes such testing or inspection of that apparatus or system and any other apparatus or system to which it is or is to be connected as is necessary for the purpose of ensuring that the apparatus or the system in which it is or is to be comprised, or the system, is authorised to be connected to any of the Applicable Systems;

• “Call Box” means any kiosk, booth, acoustic hood, shelter or similar structure which includes a Call Office at which apparatus is installed for the provision of voice telephony services to the public or a class of the public together with such apparatus;

• “Call Box Services” means the installation, repair and maintenance of Call Boxes, the service of conveying by means of the Applicable Systems voice telephony messages to and from such Boxes, directory information services relating to switched voice telephony services available at such Boxes and Public Emergency Call Services so available;

• “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;

• “Chatline Service” means a service which consists of or includes the enabling of more than two persons (“the Participants”) simultaneously to conduct a telephone conversation with one another without either: each of them having agreed with each other; or one or more of them having agreed with the person enabling such a telephone conversation to be conducted, in advance of making the call enabling them to engage in the conversation, the respective identities of the other intended Participants or the telephone numbers on which they can be called. A service by which one or more additional persons who are known (by name or telephone number) to one or more of the parties conducting an established telephone conversation can be added to that conversation by means of being called by one or more such parties is not on that account a Chatline Service if it would not otherwise be regarded as such a service;

• “Code of Practice” means for the purposes of Condition 29, a code of practice prepared and disseminated by the Data Protection Commissioner (or, before the commencement of the Data Protection Act 1998 by the Data Protection Registrar) or by a trade association where, in the case of the latter, the said Commissioner (or Registrar) has notified the trade association that in his opinion the code promotes the following of good practice;

• “Compatibility” means that between the parties concerned there is no reasonably foreseeable risk of: duplication of any Number; or any other related effect, which would be liable to introduce ambiguity or errors or impose undue restrictions on any user or group of users;

• “Competitive Standard Service” means a service which, unless a contrary determination by the Director applies pursuant to Condition 47.10: a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45; the market for which has been determined by the Director to be competitive under Condition 47.10(a);

• “Compliant Terminal Equipment” means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);

• “Condition” means a Condition in this Schedule;

• “Connectable System” means a telecommunication system which is authorised to be run under a Licence which authorises connection of that system to the Applicable Systems;

• “Connection Service” means a telecommunication service consisting in the conveyance of any Message which has been, or is to be, conveyed by means of the Applicable Systems;

• “Consumer” means, for the purposes of Conditions 7 and 14 and Part D of this Licence, any natural person who uses a Publicly Available Telephone Service for purposes which are outside his trade, business or profession;

• “Controlled Service” means: a Chatline Service; or a Live Conversation Message Service;

• “Conventions” has the meaning given to it in Condition 26.5;

• “Customer Interface” means the Technical Characteristics of each Interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Network Services provided by means of the Applicable Systems;

• “Customer Interface Specification” means a description of a Customer Interface;

• “Directory Information” means, in the case of directories, the name, address and telephone number of the Subscriber and, in the case of a Directory Information Service, may include the telephone number only of the Subscriber or information that the telephone number of the Subscriber may not be supplied;

• “Directory Information Service” for the purpose of Conditions 2 and 29, means Directory Information provided by means of a telephone system;

• “Donor Operator” means the Licensee, where any Number allocated by the Licensee (or any third party providing telecommunication services by means of the Applicable Systems of the Licensee) is the subject of any agreement or proposed agreement under which Portability will be provided, or any Qualifying Operator where any Number allocated by the Qualifying Operator (or any third party providing telecommunication services by means of the Applicable Systems of the Qualifying Operator) is the subject of any agreement or proposed agreement under which Portability will be provided to the Recipient Operator;

• “Dwelling-House” has the same meaning as in section 202 of the Broadcasting Act 1990;

• “Emergency” means an emergency of any kind, including any circumstance whatever resulting from major accidents, natural disasters and incidents involving toxic or radio-active materials;

• “Emergency Organisation” means in respect of any locality: the relevant public police, fire, ambulance and coastguard services for that locality; and any other similar organisation in respect of which any public telecommunications operator licensed to operate in the locality in question is providing a Public Emergency Call Service on the day on which this Licence enters into force;

• “End-user” means for the purposes of the definition of “Network Service” any person running a telecommunication system authorised to be connected to the Applicable Systems, not being a person running a telecommunication system under a licence granted to a particular person by the Secretary of State under section 7 of the Act;

• “Essential Interface” means, in relation to a Point of Connection, an interface at which in the opinion of the Director it is essential that interoperability between the Applicable Systems and the respective Operator’s telecommunication systems is available;

• “Exchange Line” means telecommunication apparatus (within the meaning of Schedule 2 to the Act) comprised in the Applicable Systems and installed for the purpose of connecting a telephone exchange run by the Licensee to a Network Termination Point comprised in Network Termination and Testing Apparatus installed by the Licensee for the purpose of providing voice telephony services at the premises at which the Network Termination and Testing Apparatus is located;

• “Fixed Public Telephone Network” means the public switched telecommunications network which supports the transfer between Network Termination Points at fixed locations of speech and 3.1 KHz bandwidth audio information, to support inter alia: voice telephony, facsimile Group III communications, in accordance with ITU-T Recommendations in the “T-Series”, and voice band data transmission via modems at a rate of at least 2,400 bit/s, in accordance with ITU-T Recommendations in the “V-Series”, where access to the end-user’s Network Termination Point is via a number or numbers in the national numbering plan;

• “Fixed Public Telephone System” means the telecommunication systems run by a person under a licence which has been granted under section 7 of the Act whether to a particular person, persons of a class or persons generally, and which form part of the Fixed Public Telephone Network by means of which Fixed Publicly Available Telephone Services are provided;

• “Fixed Publicly Available Telephone Service” means the provision to end-users at fixed locations of a service for the originating and receiving of national and international calls, including voice telephony services, and may include, in addition, access to emergency “112” services, the provision of operator assistance, directory services, provision of public-pay telephones, provision of service under special terms or provision of special facilities for customers with disabilities or with special social needs but does not include Value Added Services provided over the Public Telephone System;

• “Functional Specification” means a document published from time to time by the Director following consultation with the Licensee and Interested Parties which specifies technical and other principles which are intended to enable the efficient implementation and utilisation of Portability;

• “Geographic Numbering Range” means a Number range from the Specified Numbering Scheme where part of the digit structure contains a geographic significance used for routing calls to the physical location of the Network Termination Point of the Subscriber to whom the Number has been assigned;

• “Geographic Portability” means Portability relating to Numbers allocated as provided for in the Conventions in accordance with the rules for the allocation of Geographic Numbering Ranges;

• “Group” means a Parent Undertaking and its subsidiary undertaking or undertakings within the meaning of section 258 of the Companies Act 1985 as substituted by section 21 of the Companies Act 1989; and “Licensee’s Group” means a Group in respect of which the Licensee is either a Parent Undertaking or a subsidiary undertaking;

• “Information” (without prejudice to the generality of this term throughout the Licence), for the purposes of Condition 12 includes accounts, estimates and returns;

• “Integrated Services Digital Network” (ISDN) means a network evolved from the telephony integrated digital network that provides for end-to-end digital connectivity to support a wide range of services, including voice and non-voice services, to which users have access by a limited set of standard multi-purpose customer interfaces;

• “Interconnection” means the physical and logical linking of telecommunications systems used by the same or a different organisation in order to allow the users of one organisation to communicate with users of the same or another organisation or to access services provided by another organisation irrespective of whether services are provided by the parties involved or other parties who have access to the systems;

• “Interconnection Directive” means Directive 97/33/EC on interconnection in telecommunications with regard to ensuring universal service and interoperability through the application of the principles of open network provision (ONP);

• “Interconnection Regulations” means the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931);

• “Interested Parties” means those persons (if any), other than the Licensee, with whom, in any particular case, the Director is required or considers it appropriate to consult;

• “Interface” means a Customer Interface or a Network Interconnection Interface, as appropriate;

• “Interface Control” means that the Director has determined for the purposes of Condition 15 that the Licensee has sufficient influence to affect competition adversely in the manufacture of telecommunications apparatus by its ability to influence the costs and timescales which would be incurred by another Operator, or supplier of telecommunications apparatus, including a manufacturer, in adopting the Licensee’s intended Interface Specification, or a comparable specification provided by another party;

• “Interface Specification” means a Customer Interface Specification, or a Network Interconnection Interface Specification, as appropriate;

• “International Business” means the provision of telecommunication services consisting in the conveyance of Messages to countries or territories outside the United Kingdom (and including, without limitation, International Simple Data Resale Services and International Simple Voice Resale Services) carried on under a Licence and includes the running of such parts of the Applicable Systems as are used for the provision of those services, and the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of such Systems and any apparatus comprised therein;

• “International Conveyance Service” means a telecommunication service other than an International Simple Data Resale Service or an International Simple Voice Resale Service, or both, which consists in the conveyance of any Message by means of the Applicable Systems which has been or is to be conveyed by means of any telecommunication system outside the United Kingdom which is one to which the Applicable Systems are authorised by Schedule 3 to this Licence to be connected;

• “International Directory Service” means the provision by means of the Applicable Systems of the telephone number, or information that the telephone number may not be supplied, of any natural or legal person located outside the United Kingdom;

• “International Simple Data Resale Services” means telecommunication services consisting in the conveyance of Messages which do not include two-way live speech, but include only such switching, processing, data storage or protocol conversion as is necessary for the conveyance of those Messages in real time, which have been or are to be conveyed by means of all of the following: a Public Switched Network; an International Simple Resale Bearer Circuit; and the equivalent of a Public Switched Network in another country or territory;

• “International Simple Resale Bearer Circuit” means a communication facility which is: comprised both in a public telecommunication system and in an equivalent telecommunication system in a country or territory other than the United Kingdom; for the conveyance of Messages between: in the case of outbound Messages, the last point of connection within the United Kingdom at which the route of the Messages is selected and the first point of connection in any country or territory other than the United Kingdom; in the case of inbound Messages, the last point of connection in any country or territory other than the United Kingdom and the first point of connection in the United Kingdom at which the route of the Messages is selected; made available to a particular Service Provider; such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (ii) above are received at every other such point; such that all the points mentioned in sub-paragraph (ii) above are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems; and such that all the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility; but excluding from the extent of the facility any Private Leased Circuit installed between the particular Service Provider and any other person in the United Kingdom;

• “International Simple Resale Service” means a telecommunication service consisting in an International Simple Data Resale Service, or an International Simple Voice Resale Service, or both;

• “International Simple Voice Resale Services” means telecommunication services consisting in the conveyance of Messages which include two-way live speech which have been or are to be conveyed by means of all of the following: a Public Switched Network; an International Simple Resale Bearer Circuit; and the equivalent of a Public Switched Network in another country or territory;

• “ITU-T” means the International Telecommunication Union;

• “Leased Lines Directive” means Council Directive 92/44/EEC on the application of open network provision to leased lines as amended by Council Directive 97/51/EC amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications;

• “Leased Lines Regulations” means the Telecommunication (Open Network Provision and Leased Lines) Regulations 1997 (S.I. 1997/2932);

• “Licence” shall have the meaning it has in paragraph 5 of this Licence;

• “Licensee’s Subscriber” means any natural or legal person who or which is a party to a contract with the Licensee for the supply by means of the Applicable Systems of Publicly Available Telephone Services in the United Kingdom to that person;

• “Live Conversation Message Service” means a Message Service (other than a directory information service) which consists in the provision of live telephone conversation for any purpose, whether or not including the provision of information of any kind: between the person providing the service (or a person acting on his behalf) and a person who obtains the service; or between a person who has independently called the service for the purpose of conducting a telephone conversation with one other such person, and such another person, and, for the avoidance of doubt, it does not include a service provided by a human operator of the Licensee which is incidental to the conveyance of a voice telephony message;

• “Major Office” means the Licensee’s registered office and such other offices as the Director may agree from time to time;

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

• “Message Service” means a service which consists of, or includes, the sending of speech, music or other sounds or signals to any person who obtains access to that service by means of a Public Switched Network;

• “Meter” means any system or apparatus constructed or adapted for use in ascertaining the extent of telecommunication services provided by means of the Applicable Systems;

• “Metering System” means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the extent of any telecommunication services provided by means of the Applicable Systems;

• “Mobile Public Telephone System” means any telecommunication system run under a licence whether granted to a particular person, persons of a class or persons generally, by means of which Publicly Available Mobile Telephone Services are provided at Network Termination Points connected to telecommunication systems which are designed or adapted to be capable of being used while in motion;

• “Mobile Radio Telecommunication Service” means any telecommunication service consisting in the conveyance of Messages by means of a telecommunication system where every Message that is conveyed thereby has been, or is to be, conveyed through the agency of Wireless Telegraphy to or from a telecommunication system which is designed or adapted to be capable of being used while in motion;

• “National Numbering Conventions” has the meaning given to it in Condition 26;

• “Network Charge Change Notice” has the meaning given to it in Condition 47;

• “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 Interconnection Interface” means the Technical Characteristics of each interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Network Services provided by means of any of the Applicable Systems;

• “Network Interconnection Interface Specification” means a description of a Network Interconnection Interface;

• “Network Service” means any of the following: a service consisting only of functions which enable End-users to send, receive, or both, Messages to or from one or more End-users, including functions which enable the establishment of a prior connection between such End-users; a service which consists only of functions which could not practically be provided to any End-user in identical form by anyone other than the Licensee, because those functions are dependent upon the functions referred to in sub-paragraph (i) above; any service which has been agreed by the Licensee and the Director;

• “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; and the 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; or 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” has the meaning given in Annex A;

• “New Standard Service” means a service which, unless a contrary determination by the Director applies pursuant to Condition 47.10: the Licensee first provides after it has been determined by the Director to be an Operator having Significant Market Power pursuant to regulation 4(1) of the Interconnection Regulations; a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;

• “Non-Geographic Portability” means Portability relating to Numbers allocated in accordance with the rules for the allocation of Numbering Ranges other than Geographic Numbering Ranges as provided for in the National Numbering Conventions but excluding Portability relating to Numbers allocated for use with Mobile Radio Telecommunication Services;

• “Notifying Licensee’s Interface Specification” means any Interface Specification which has been notified by any Operator, other than the Licensee, pursuant to a condition in that Operator’s Licence which is similar to Condition 15;

• “Number” means: except for the purpose of Condition 27, any identifier which would need to be used in conjunction with any public switched telecommunication service for the purposes of establishing a connection with any Network Termination Point, user, telecommunication apparatus connected to any Public Switched Network or service element, but not including any identifier which is not accessible to the generality of users of a public switched service; for the purpose of Condition 27, any identifier, (including any name or address) of any user, telecommunication apparatus, or telecommunication service related element;

• “Number Portability” means a facility whereby Subscribers who so request can retain their number on a Fixed Public Telephone System at a specific location independent of the organisation providing the service;

• “Numbering Plan” means a plan describing the method adopted or to be adopted for allocating and re-allocating a Number to any Network Termination Point, user, telecommunication apparatus or service element;

• “Numbering Ranges” means numbering ranges as described in the National Numbering Conventions;

• “ONP Framework Directive” means Council Directive 90/387/EEC on the establishment of the internal market for telecommunications services through the implementation of open network provision as amended by European Parliament and Council Directive 97/51/EC for the purpose of adaptation to a competitive environment in telecommunications;

• “Operator” for the purposes of Schedule 1 except Condition 28 means any person running a telecommunication system for the purpose of providing telecommunication services;

• “Operator” for the purposes of Condition 28 means any person authorised to provide telecommunication services not being prohibited from receiving any financial benefit from such provision of such services, and obliged by virtue of provisions in the Licence authorising the provision of such services to adopt a Numbering Plan for such Numbers as may have been allocated by the Director to that person in accordance with the National Numbering Conventions;

• “Parent Undertaking” has the same meaning as in section 258 of the Companies Act 1985 as substituted by section 21 of the Companies Act 1989;

• “Participating Interest” has the same meaning as in section 260 of the Companies Act 1985 as substituted by section 22 of the Companies Act 1989;

• “Point of Connection” means a point at which the Applicable Systems and an Operator’s system are connected;

• “Portability” means a facility which may be provided by the Licensee and by any Qualifying Operator (as the case may be) to each other, or where the Licensee is acting in the capacity of a Qualifying Operator, by the Licensee and by an Operator to each other, thereby enabling any person to whom a Number has been allocated (whether by the Licensee, any Qualifying Operator or any third party as the case may be) to continue to be provided with any telecommunication service by reference to the same Number irrespective of the identity of the person providing such a service;

• “Porting Customer” means a customer to whom the facility of Portability is in the process of being or has been provided;

• “Private Call Box” means a Call Box owned by or supplied to a person other than the Licensee or another public telecommunications operator at which Call Box Services are or may be provided;

• “Private Leased Circuit” means a communication facility which is: provided by means of one or more public telecommunication systems; for the conveyance of Messages between points, all of which are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems; made available to a particular person or particular persons; such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (ii) above are received at every other such point; and such that the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility;

• “Process” means to obtain, record or hold data or information or to carry out any operation or set of operations on the data or information, including; organisation, storage, adaptation, or alteration of the data or information; retrieval, consultation or use of the data or information; disclosure of the data or information by transmission, dissemination, or otherwise making available; or alignment, combination, blocking, erasing or destruction of the data or information;

• “Prospectively Competitive Standard Service” means unless a contrary determination by the Director applies pursuant to Condition 47.10, a service: which a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45; which the Director has determined pursuant to Condition 47.10(a) is likely to become competitive within a market specified by him, and within a period specified by him;

• “Public Call Box” means a Call Box to which the public has access at all times which is neither a Private Call Box nor a Temporary Call Box and at which Call Box Services are or may be provided;

• “Public Emergency Call Service” means a telecommunication service by means of which any member of the public may, at any time, communicate as swiftly as practicable with any of the Emergency Organisations for the purpose of notifying them of an Emergency;

• “Public Operator” means any person who is authorised or permitted to run publicly available telecommunication systems or provide publicly available telecommunication services or both;

• “Public Switched Network” means a public telecommunication system by means of which two-way telecommunication services are provided whereby Messages are switched incidentally to their conveyance, and, for the avoidance of doubt, a Public Switched Network does not include Private Leased Circuits or International Simple Resale Bearer Circuits;

• “Publicly Available Mobile Telephone Service” means a telecommunication service which consists, wholly or partly, in the provision of Mobile Radio Telecommunication Services to an end user and makes use wholly or partly of a Mobile Public Telephone System but does not include Value Added Services provided over a Public Telephone System;

• “Publicly Available Telephone Service” means either a Fixed Publicly Available Telephone Service or a Publicly Available Mobile Telephone Service or both;

• “Public Telephone System” means a Fixed Public Telephone System or a Mobile Public Telephone System, or both;

• “Qualifying Operator” has the meaning given to it in Condition 28.2;

• “Recipient Operator” means any Qualifying Operator, where any Number allocated by the Licensee (or any third party providing telecommunication services by means of the Applicable Systems of the Licensee) is the subject of any agreement or proposed agreement under which Portability will be provided by the Donor Operator; or the Licensee where any Number allocated by the Qualifying Operator (or any third party providing telecommunication services by means of the Applicable Systems of the Qualifying Operator) is the subject of any agreement or proposed agreement under which Portability will be provided by the Donor Operator;

• “Relevant Company” means: the Licensee; or a Parent Undertaking in relation to the Licensee;

• “Relevant Consulting Period” means: in the case of any Network Interconnection Interface Specification, six months from the date of notification to the Director; in the case of any Customer Interface Specification, 60 days from the date of such notification to the Director; or in the case of either Interface Specification, such other period as the Director agrees; and during this period the Director may consult with Interested Parties;

• “Relevant Data Protection Legislation” means the Data Protection Act 1984 (until repealed), Directives 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and of the free movement of such data and 97/66/EC of the European Parliament and Council concerning the processing of personal data and the protection of privacy in the telecommunications sector, and any enactment implementing those Directives;

• “Relevant IN Platform” means the intelligent network platform within the Applicable Systems which is capable of ensuring that a Message to a non-geographic number may be correctly delivered;

• “Relevant Party” means any person whom the Licensee might reasonably anticipate from the facts known to it would or might be required to modify, replace or cease to produce or supply any item of telecommunication apparatus connected or to be connected to any of the Applicable Systems as a result of any new or modified Interface Specification;

• “Relevant Private Circuit” means a Private Leased Circuit: at least one Network Termination Point of which is located within the United Kingdom and all the Network Termination Points of that circuit, and of any half circuit to which it is connected, are located within the European Economic Area; and where the agreement between the Licensee and the Users to provide the Private Leased Circuit does not provide for Messages to be conveyed thereby to be routed via a satellite link (notwithstanding that they may be so conveyed) where the Licensee is not authorised so to convey Messages consisting in live speech;

• “Relevant System” means a Connectable System which is, or is to be, connected to any of the switched Applicable Systems;

• “Relevant Terminal Apparatus” means: “Terminal Apparatus”, that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and 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;

• “Revised Voice Telephony Regulations” means the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998 (S.I. 1998/1580);

• “Schedule 2 Public Operator” means a Public Operator: who is authorised within a Member State other than the United Kingdom to provide public telecommunication networks or publicly available telecommunication services or both and whose name has been notified to the European Commission under Article 18 of the Interconnection Directive as an organisation covered by Annex II of that Directive; or who is a Licensee whose name has been notified to the European Commission, by the United Kingdom, as an organisation covered by Annex II of the Interconnection Directive; is authorised to provide switched and unswitched bearer capabilities to Users upon which other telecommunication services depend; and does any of the following: runs public switched systems, or provides publicly available telecommunication services, or both, and in doing so controls the means of access to one or more Network Termination Points identified by one or more unique numbers in the Specified Numbering Scheme; provides leased lines to Users' premises; makes available International Simple Resale Bearer Circuits; runs public switched systems, or provides publicly available telecommunication services, or both, and in doing so controls the means of access, for the services concerned, to one more end-users identified by one or more unique identifiers within an internationally recognised numbering and addressing plan; provides publicly available telecommunication services and in doing so controls the means of access for the services concerned, to one or more end users identified by one or more unique numbers in the Specified Numbering Scheme; or provides publicly available switched or unswitched bearer services between telecommunication systems run by one or more third parties;

• “Scheme” for the purposes of Condition 26 has the meaning given in Condition 26.1, and for the purposes of Condition 41 has the meaning given in Condition 41.1;

• “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;

• “Service” for the purpose of Condition 12 includes any service provided by any person to whom the Licensee is bound to account for any part of the amount charged by the Licensee;

• “Service Provider” means any person who is in the business of providing telecommunication services of any description;

• “Shares” has the same meaning as in section 259(2) of the Companies Act 1985, as substituted by section 22 of the Companies Act 1989, and the term “Shareholding” shall be construed accordingly;

• “Specified Numbering Scheme” means a scheme for the allocation and re-allocation of Numbers for the purposes of any of the switched Applicable Systems and the systems of other licensed Operators which is specified by the Director for the purpose of this Licence and described in a list kept for that purpose by him and made available by him for inspection by the general public;

• “Specified Person” means a person specified for the time being by the Director (and who has consented to be so specified) for the purpose of keeping and making available for inspection by the general public a list such as is referred to in Condition 18;

• “Standard List” means the list of Standard Services;

• “Standard Service” means a Competitive Standard Service, a Prospectively Competitive Standard Service, a New Standard Service, or any other service which a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;

• “Subscriber” means any natural or legal person who or which is a party to a contract with the provider of Publicly Available Telephone Services for the supply of such services in the United Kingdom;

• “Subsidiary” has the meaning given to it in section 736 of the Companies Act 1985, as substituted by section 144(1) of the Companies Act 1989;

• “Supplemental Services Business” means the following activities of the Licensee taken together: the provision in the United Kingdom by the Licensee of Value Added Services; the running of any Value Added Applicable System; the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of any apparatus comprised or to be comprised in a Value Added Applicable System used solely to provide a Value Added Service; and the conveyance of Messages by means of any Value Added Applicable System or by means of any Network Service which has been made available by the Systems Business to the Supplemental Services Business for the purpose of providing a Value Added Service;

• “System Set-Up Costs” means the incurred costs of the Donor Operator;

• “Systems Business” means the following activities of the Licensee or of any wholly owned Subsidiary to the extent that they are undertaken in the United Kingdom taken together: the running of the Applicable Systems except where such running is part of the Supplemental Services Business; the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of any apparatus comprised or to be comprised in the Applicable Systems where those activities are not part of the Supplemental Services Business; without prejudice to the generality of sub-paragraph (i) or (ii) above the Bringing into Service of any item of telecommunication apparatus or telecommunication system connected or to be connected to any of the Applicable Systems whether comprised in any of those systems or not; and without prejudice to the generality of sub-paragraph (i) above the provision of Network Services;

• “Technical Characteristics” means the physical, electrical and other relevant characteristics and the network interworking and service management protocols;

• “Telecommunications Numbering and Addressing Body” means a body approved by the Director as representative of the Licensee, other public telecommunication operators and other persons whom the Director considers it appropriate to include in consultations about the content of the National Numbering Conventions and the Scheme;

• “Telephone” means an item of telecommunication apparatus capable when connected to the Licensee’s public switched telecommunication system, of transmitting and receiving uninterrupted simultaneous two way speech conveyed, or as the case may be, to be conveyed, by means of the Applicable Systems;

• “Temporary Call Box” means a Call Box run by the Licensee which is mobile or is installed for a limited period or is permanently installed but at which Call Box Services are provided to the public or a class of the public for limited periods of time;

• “Terminal Equipment” means telecommunication apparatus which is connected to another telecommunication system by means of which telecommunication services are provided to the public and which is used for the transmission, reception or storage of Messages;

• “Terminal Equipment Regulations” means the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);

• “Transfer Charge” means the charge which is applied by the Licensee to itself or to any member of the Licensee’s Group for the use or provision of a service which is the same as a Standard Service;

• “ Transit Service” means any telecommunication service consisting in the conveyance of any Message which originates outside the United Kingdom and is not to be terminated within the United Kingdom and for which a separate accounting rate has been agreed;

• “Users” means individuals, including Consumers, or organisations using or requesting Publicly Available Telephone Services;

• “Value Added Applicable System” means that part of any of the Applicable Systems (other than a fixed link) which is used for the purpose of providing a Value Added Service provided by the Licensee, but only to the extent that it is or they are so used; and

• “Value Added Service” means any service which is provided by means of the Applicable Systems, not being a service which consists wholly in the provision of any Network Services.

2

Expressions cognate with those referred to in this Schedule shall be construed accordingly.

3

Any reference in any Condition in this Schedule, however expressed, to the Director notifying the Licensee about any matter, affording the Licensee an opportunity to make representations, taking representations made by the Licensee into account or explaining, or giving reasons for any matter to the Licensee, shall be without prejudice to any obligation of due process or similar obligation which the Director is or may be under by virtue of any rule or principle of law or otherwise.

4

Subject to paragraph 5 below, if the Director is considering whether a determination, direction or consent under any Condition in this Licence is appropriate, he shall notify the Licensee and any Interested Parties of his proposed decision or the options which he is considering, and his reasons, and give them a reasonable opportunity to make representations. On making or refusing a determination or direction or giving or refusing consent, he shall notify the Licensee and Interested Parties of the determination, direction or consent or refusal, as the case may be, and his reasons.

5

Paragraph 4 does not apply in relation to any determination, direction or consent the procedure for which is otherwise set out in this Licence or in or under any enactment.

6

Where the Director makes a determination for the purposes of Part A, B, C, D, E or F of Schedule 1, or decides that such a determination shall no longer apply, the procedure shall be as follows:

• (a) the Director shall serve upon the Licensee a notice, with reasons, informing the Licensee that it appears to the Director that the Licensee is all or any of the following or is not all or any of the following, as the case may be:

• (i) a Provider of Universal Services as referred to in Condition 38;

• (ii) a supplier of telecommunication services as referred to in Condition 43;

• (iii) an Operator having Significant Market Power for the purposes of the Interconnection Directive as referred to in Condition 44;

• (iv) an Operator having Significant Market Power for the purpose of the Revised Voice Telephony Directive as referred to in Condition 51;

• (v) an Operator having Significant Market Power for the purposes of the Leased Lines Directive as referred to in Condition 55;

• (vi) an Operator having Market Influence as referred to in Condition 56;

• (b) the notice in sub-paragraph (a) above shall be copied to Interested Parties at the same time as being served upon the Licensee;

• (c) the Licensee and Interested Parties shall be given a period of not less than 28 days in which to make representations;

• (d) the representations made by the Licensee or Interested Parties, or both, shall be published in such manner as the Director considers appropriate to bring such representations to the attention of the Licensee and Interested Parties (having regard to the wish of the Licensee or any Interested Party to keep matters contained in any representation confidential);

• (e) the Licensee and Interested Parties shall be given a further period of not less than 28 days in which to make any observations on the representations which have been published;

• (f) when the Director has considered the representations and any observations made, he shall prepare a draft decision and statement of reasons for that decision and send it to the Licensee, and any Interested Party who has submitted representations or observations, or both, giving those persons a period of not less than 14 days within which to comment; and

• (g) after considering any comments received, the Director shall inform the Licensee of his decision, with reasons, and publish such decision in the same manner he published the representations referred to in paragraph 6(d) above

PART 2: — GENERAL CONDITIONS

1.1

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

1.2

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).

REQUIREMENT TO PROVIDE DIRECTORY SERVICES

2.1

Where the Licensee provides Publicly Available Telephone Services by means of Applicable Systems in the United Kingdom, the Licensee shall, subject to paragraphs 2.4 and 2.7 below, on request by any end-user in the United Kingdom receiving such telephone services at Call Boxes provided by the Licensee or by means of apparatus lawfully connected to the Applicable Systems:

• (a) make available a Directory Information Service; and

• (b) provide directories.

2.2

The Licensee shall ensure that:

• (a) Directory Information concerning each of its Subscribers is included in a publicly available telephone directory, and as part of a Directory Information Service provided to end-users; and

• (b) each of its Subscribers has the right to verify, correct or request removal of such Directory Information relating to that Subscriber.

2.3

The Directory Information Service and directories referred to in paragraphs 2.1 and 2.2 above shall contain Directory Information on all Subscribers who have been allocated telephone numbers, including Subscribers provided with Publicly Available Telephone Services by any person, other than the Licensee, except to the extent that such Subscribers have expressed opposition to inclusion of Directory Information about them.

2.4

The obligation under paragraph 2.1(a) above does not apply to the Licensee:

• (a) to the extent that any Subscriber of the Licensee has decided not to receive such services; or

• (b) where the Licensee runs a Fixed Public Telephone System by means of which it provides Fixed Publicly Available Telephone Services, where such service incurs a charge to any Subscriber of the Licensee and where due warning has been given to that Subscriber in accordance with a direction made under regulation 34(3) of the Revised Voice Telephony Regulations.

2.5

The obligation in paragraph 2.2 above applies whether or not such directory or Directory Information Service is provided to that Subscriber by the Licensee, or by another person.

2.6

The directories referred to in this Condition may be produced by the Licensee or by another person, and shall be in a form approved by the Director whether printed or electronic or both, and shall be updated on a regular basis.

2.7

The Licensee may charge end-users a reasonable fee for making available the Directory Information Service and directories referred to in paragraph 2.1 above, and may charge its Subscribers a reasonable fee for inclusion of Directory Information in a directory or as part of the Directory Information Service referred to in paragraph 2.2 above.

2.8

Where the Licensee provides switched voice telephony services by means of any of the Applicable Systems which is connected to an Authorised Overseas System by means of which such services are provided then, if a Directory Information Service is provided by means of that Authorised Overseas System in respect of that Authorised Overseas System, the Licensee shall provide to any person to whom it provides switched voice telephony services by means of that Applicable System information as to how that person may avail himself by means of that Applicable System and that Authorised Overseas System when connected together of the Directory Information Service provided and shall take all reasonable steps to secure that that can be done.

2.9

The Directory Information Service provided by the Licensee under paragraph 2.1 and paragraph 2.8 shall include a service or information as the case may be which the Director determines to be satisfactory where the Directory Information is made available in a form which is appropriate to meet their needs to persons who are so blind or otherwise disabled as to be unable to use a telephone directory in a form in which it is generally available to persons to whom the Licensee provides services; and the services so provided to such persons shall from the date on which this Licence enters into force be provided free of charge or, if the Director is satisfied that this is not practicable, the Licensee shall provide, in accordance with the arrangements agreed with the Director, appropriate reasonable compensation in respect of charges that are paid.

2.10

Where the Licensee provides switched voice telephony services by means of any of the Applicable Systems which is connected to both:

• (a) an Authorised Overseas System by means of which such services are provided; and

• (b) a Connectable System in the United Kingdom by means of which such services are provided which is run under a Licence which does not authorise the connection of that system to a system outside the United Kingdom so as to convey Messages from the United Kingdom to a place outside the United Kingdom,

it shall not unreasonably refuse to provide to the operator of that Connectable System access to such Directory Information Services relating to the Authorised Overseas System as the Licensee makes available to those to whom it provides voice telephony services. However this obligation applies only where the Applicable Systems are connected to other telecommunication systems run under licences granted to persons generally, or to persons of a class, but not to a particular person.

REQUIREMENT TO PROVIDE INTERNATIONAL CONVEYANCE SERVICES

3.1

Where the Licensee is obliged to comply with this Condition by virtue of Condition 1.2, the Licensee shall take all reasonable steps to provide either:

• (a) International Conveyance Services to any Schedule 2 Public Operator who requests such Services to the extent necessary to satisfy all reasonable demands for such Services by such Operator; or

• (b) International Directory Services.

ACCESS TO EMERGENCY CALL SERVICES AND OPERATOR ASSISTANCE

4.1

The Licensee shall ensure that each user of a Call Box provided by the Licensee or of telecommunication apparatus by means of which the Licensee provides Publicly Available Telephone Services, which is lawfully connected to the Applicable Systems and which is capable of transmitting and receiving unrestricted two-way voice telephony services when so connected can:

• (a) access operator assistance services; and

• (b) access emergency services at no charge using the emergency call numbers “112” and “999” and without having to use coins or cards from pay telephones provided by the Licensee.

4.2

The obligation in paragraph 4.1(a) does not apply to the Licensee:

• (a) to the extent that a Subscriber of the Licensee has decided not to receive such services; or

• (b) where the Licensee runs a Fixed Public Telephone System by means of which it provides Fixed Publicly Available Telephone Services, in the case of services which incur a charge to the Subscriber of the Licensee and where due warning of disconnection has been given to the Subscriber in accordance with a direction made under regulation 34(3) of the Revised Voice Telephony Regulations.

CONNECTION OF SYSTEMS AND APPARATUS

5.1

The Licensee:

• (a) shall connect or permit the connection of, at a Network Termination Point within Network Termination and Testing Apparatus situated on Served Premises, the Applicable Systems to:

• (i) any item of telecommunication apparatus which is approved for the time being for connection to that Applicable System under section 22 of the Act or is Compliant Terminal Equipment; or

• (ii) any other telecommunication system to which this Condition applies which is or is to be run by the Crown or which is composed of apparatus which is approved for connection to that system or is Compliant Terminal Equipment,

which is owned by or supplied to another person; and

• (b) shall not discontinue such connection of any such apparatus or system lawfully made.

5.2

Apparatus shall not be regarded as approved for connection to any system for the purposes of paragraph 5.1 unless that apparatus is Compliant Terminal Equipment or has been so approved:

• (a) by the Secretary of State; or

• (b) by some other person by virtue of an authorisation given by the Secretary of State being an authorisation which required the person authorised, before approving any apparatus or designating any standard to which apparatus must conform if it is to be approved, to be satisfied that connection of the apparatus to the system would not be likely:

• (i) to cause the death of, or personal injury to, or damage to the property of the Licensee or any person engaged in the running of that system; or

• (ii) materially to impair the quality of any telecommunication service provided by means of that system or any system connected to it (other than the system being connected).

5.3

No apparatus or system is required under paragraph 5.1 to be, or to be permitted to be, connected or kept connected to the Applicable Systems if that apparatus, or any apparatus comprised in that system, as the case may be:

• (a) conformed to the relevant standard or standards at the time when the connection to the Applicable Systems was made but no longer does so and does not conform to the relevant standard or standards (if any) for the time being designated under section 22(6) of the Act;

• (b) was at the time when the connection to the Applicable Systems was made but has since ceased to be Compliant Terminal Equipment; or

• (c) while continuing to conform to the relevant standard is in the opinion of the Licensee liable to cause the death of, or personal injury to, or damage to the property of, the Licensee, or any person engaged in the running of the Applicable Systems or materially to impair the quality of any telecommunication service provided by means of the Applicable Systems and the Director has not expressed a contrary opinion.

5.4

Paragraphs 5.1, 5.2 and 5.3 do not apply to any system run by a Schedule 2 Public Operator to which Condition 9 or Part C applies, or to apparatus comprised in such a system.

5.5

Except with the consent of the Director the Licensee shall not connect nor permit to be connected any Relevant Terminal Apparatus to any of the Applicable Systems on Served Premises except by means of Network Termination and Testing Apparatus.

PROVISION BY OTHERS OF SERVICES BY MEANS OF THE APPLICABLE SYSTEMS

6.1

The Licensee shall permit any person, who is licensed to run a Connectable System under a Licence which authorises it to provide telecommunication services to others, including Connection Services, to provide such services whilst that Connectable System is connected to the Value Added Applicable Systems.

6.2

Subject to the provisions of Condition 22, the Licensee shall permit any person:

• (a) using telecommunication apparatus which is lawfully connected to the Applicable Systems or which is connected to another telecommunication system which itself has been lawfully connected to the Applicable Systems; or

• (b) running a telecommunication system which is so connected,

to provide by means of the Applicable Systems any service other than the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of telecommunication apparatus comprised in the Applicable Systems.

PUBLICATION OF CHARGES, TERMS AND CONDITIONS

7.1

The Licensee shall from time to time publish for Consumers a notice specifying its standard charges and terms and conditions with regard to access to the Public Telephone Systems run by it or provision of Publicly Available Telephone Services by it, or both (except to the extent that such charges and terms and conditions are published under paragraph 7.2(a) below). In particular, the Licensee shall ensure that tariffs for end-users, any minimum contractual period, if relevant, and conditions for renewal of the contracts are presented clearly and accurately. Publication of the information specified in this paragraph shall be effected by:

• (a) placing a copy of such information in a publicly accessible part of every Major Office of the Licensee in such a manner and in such a place that it is readily available for inspection free of charge by members of the general public during such hours as the Secretary of State may by order prescribe under Section 19(4) of the Act that the register of Licences and final and provisional orders is to be open for public inspection, or in the absence of any such order having been made by the Secretary of State, during normal office hours; and

• (b) sending a copy of such information or such part or parts thereof as are appropriate to any Consumer who may request such a copy.

7.2

The Licensee shall, except in so far as the Director may otherwise consent in writing, publish in the manner and at the times specified in paragraph 7.5 a notice specifying, or specifying the method that is to be adopted for determining:

• (a) its charges, terms and conditions on which it offers to provide each description of telecommunication service which the Licensee is obliged to provide under Conditions 2, 3 and 4 (to the extent such Conditions are applicable to the Licensee);

• (b) its charges, terms and conditions on which it offers to connect to the Applicable Systems any other apparatus or system which is not and is not to be comprised in the Applicable Systems in accordance with Condition 5; and

• (c) the charges, terms and conditions on which it offers to grant permission to allow others to provide services under Condition 6.

7.3

The Licensee shall, where it does any of the things described in paragraph 7.2, do those things at the charges and on the terms and conditions so published and not depart therefrom except in accordance with paragraph 7.4 below.

7.4

The requirement to publish under paragraphs 7.1 and 7.2 shall not apply in respect of any service which is materially different from any service already provided by the Licensee by means of the Applicable Systems until such time as it is provided and a copy of the notice shall be sent to the Director at that time.

7.5

Publication of the notice specified in paragraph 7.2 shall be effected by:

• (a) sending a copy thereof to the Director to arrive not more than 28 days after the date on which the Licensee first provides such services and thereafter not less than 1 day before any proposal to amend any charge, term or condition or the method of determining the same is to become effective;

• (b) placing as soon as practicable thereafter a copy thereof in a publicly accessible part of every Major Office of the Licensee in such a manner and in such a place that it is readily available for inspection free of charge by members of the general public during such hours as the Secretary of State may by order prescribe under section 19(4) of the Act that the register of Licences and final and provisional orders is to be open for public inspection, or in the absence of any such order having been made by the Secretary of State, during normal office hours; and

• (c) sending a copy thereof or such part or parts thereof as are appropriate to any person who may request such a copy.

PROHIBITION ON UNDUE PREFERENCE AND UNDUE DISCRIMINATION

8.1

The Licensee shall not (whether in respect of the charges or other terms or conditions applied or otherwise) show undue preference to, or exercise undue discrimination against, particular persons or persons of any class or description (including in particular persons in rural areas) as respects:

• (a) the provision by means of the Applicable Systems of any telecommunication service which the Licensee is obliged to provide under Conditions 2, 3 and 4, to the extent that such Conditions are applicable to the Licensee;

• (b) the connection to the Applicable Systems of any apparatus or any other system which is not and is not to be comprised in the Applicable Systems in accordance with Condition 5; or

• (c) the granting of permission to connect such systems or apparatus to, or to provide services by means of, any of the Applicable Systems in accordance with Condition 6.

8.2

The Licensee may be deemed to have shown such undue preference or to have exercised such undue discrimination if it unfairly favours to a material extent a business carried on by it in relation to the doing of any of the things mentioned in paragraph 8.1 so as to place at a significant competitive disadvantage persons competing with that business.

8.3

Any question relating to whether any act done or course of conduct pursued by the Licensee amounts to such undue preference or such undue discrimination shall be determined by the Director, but nothing done in any manner by the Licensee shall be regarded as undue preference or undue discrimination if and to the extent that the Licensee is required or permitted to do the thing in that manner by or under any provision of this Licence.

REQUIREMENT TO PROVIDE CONNECTION SERVICES INCLUDING CO-LOCATION AND FACILITY SHARING

9.1

Subject to paragraphs 9.3 and 9.4 and any exercise by the Director of his functions under regulation 6(3) or 6(4) of the Interconnection Regulations, the Licensee shall to the extent requested by an Operator which is a Schedule 2 Public Operator, negotiate with that Operator with a view to concluding an Interconnection agreement (or an amendment to an existing agreement) within a reasonable period, whereby the Licensee agrees:

• (a) to connect, and keep connected, to any of the Applicable Systems, or to permit to be so connected and kept connected, the Operator’s telecommunication system and accordingly to establish and maintain such one or more Points of Connection as are reasonably required and are of sufficient capacity and in sufficient number to enable Messages conveyed or to be conveyed by means of any of the Applicable Systems to be conveyed in such a way as conveniently to meet all reasonable demands for the conveyance of Messages between the Operator’s system and the Applicable Systems; and

• (b) to provide such other telecommunication services (including the conveyance of Messages which have been, or are to be, transmitted or received at such Points of Connection), information and other services which, to the extent the parties do not agree (or the Licensee is not in any event so required under or by virtue of another Condition), the Director may determine are reasonably required (but no more than reasonably required) to secure that Points of Connection are established and maintained and to enable the Operator effectively to provide the Connection Services which it provides or proposes to provide.

9.2

The Licensee or the Schedule 2 Public Operator may at any time request the Director to make a direction in order:

• (a) to specify issues which must be covered in an Interconnection agreement;

• (b) to lay down specific conditions to be observed by one or more parties to the agreement; or

• (c) if he thinks fit, to set time limits within which negotiations are to be completed,

and a direction under this paragraph operates as an exercise by the Director of the power of direction conferred by regulation 6(3) or 6(4) of the Interconnection Regulations as the case may be.

9.3

The Licensee shall:

• (a) comply with the requirements of any direction given to the Licensee under paragraph 9.2 or under regulation 6(3) or 6(4) of the Interconnection Regulations in relation to any negotiations or agreement to which it is or is intended to be a party;

• (b) comply with the requirements of any direction given to the Licensee under regulation 6(6) or 6(7) of the Interconnection Regulations in relation to any Interconnection dispute;

• (c) where the Director specifies conditions based on essential requirements pursuant to regulation 7(1) of the Interconnection Regulations for inclusion in any Interconnection agreement to which the Licensee is a party, forthwith secure the incorporation of those terms and conditions in such an agreement;

• (d) comply with any requirement made by the Director as a last resort under regulation 6(10) of the Interconnection Regulations to interconnect in order to protect essential public interests, and comply with any terms set by the Director for such purpose;

• (e) comply with any decision by the Director under regulation 10(2) of the Interconnection Regulations; and

• (f) comply with any facility or property sharing arrangement, or both, specified by the Director in accordance with regulation 10(3) of the Interconnection Regulations.

9.4

Paragraph 9.1 above does not apply to the extent that the Director has consented to limiting such obligation on a temporary basis and on the grounds that there are technically and commercially viable alternatives to the Interconnection requested, and that the requested Interconnection is inappropriate in relation to the resources available to meet the request.

9.5

So long as section 11 of the Restrictive Trade Practices Act 1976 is still in force an agreement made pursuant to this Condition shall not contain any restrictive provision, unless, before the agreement is made, the Director has consented to the inclusion of such a provision. For the purposes of this paragraph, a provision in an agreement is a restrictive provision if by virtue of the existence of such a provision (taken alone or with other provisions) the agreement is one to which the Restrictive Trade Practices Act 1976 would apply but for paragraph 1(1) of Schedule 3 to that Act.

9.6

The Licensee shall comply with any request by the Director under regulation 6(5) of the Interconnection Regulations to inspect any Interconnection agreement entered into by the Licensee in its entirety.

9.7

Where the Director so directs the Crown shall be treated for the purposes of this Condition as a Schedule 2 Public Operator.

REQUIREMENT TO OFFER CONTRACTS FOR TELEPHONE SERVICES

10.1

Where the Licensee runs a Public Telephone System, the Licensee shall offer either to enter into a contract with each of its Subscribers which complies with paragraph 10.2 or to vary an existing contract to comply with paragraph 10.2, except to the extent that the Licensee has already entered into a contract which complies with these requirements.

10.2

Subject to paragraph 10.4 the contract referred to in this Condition shall either specify the type of service offered and the terms and conditions on which the telephone service is to be provided under the contract or shall make reference to publicly available terms and conditions. The contract or publicly available terms and conditions shall at least specify, if relevant:

• (a) the supply time for initial connection;

• (b) the types of maintenance service offered;

• (c) the compensation or refund arrangements or both for the Licensee’s Subscribers which apply if the contracted service is not met and, if none are applicable, a statement to that effect;

• (d) a summary of the method of initiating procedures for the settlement of disputes; and

• (e) information on service quality levels offered.

10.3

The Licensee shall secure such alteration to the conditions of any such contract, and the conditions of any compensation or refund arrangements or both used by the Licensee, as the Director may direct pursuant to regulation 15(4) of the Revised Voice Telephony Regulations.

10.4

Paragraph 10.2(d) above shall apply to the Licensee only to the extent that it runs a Fixed Public Telephone System by means of which it provides Fixed Publicly Available Telephone Services.

METERING ARRANGEMENTS

11.1

As regards any description of Meter in use on a date specified by the Director in connection with the Applicable Systems and which has been specified by the Director, the Licensee shall apply for Approval as soon as is practicable and in any case not later than such date as the Director may determine in relation to that description of Meter.

11.2

As regards any description of Meter specified by the Director and not in use in connection with the Applicable Systems on the date specified under paragraph 11.1, the Licensee shall, unless the Director consents otherwise, apply for Approval not later than such date as is further specified by the Director or not less than six months before the date on which the Licensee intends to bring that Meter into such use, whichever shall be the later.

11.3

The Licensee shall not after such date as the Director may determine in relation to any description of Meter so specified by him, keep in use or bring into use in connection with the Applicable Systems, any Meter of a description so specified which is not Approved or for which the Licensee has not made an application for Approval.

11.4

Where Approval is not granted to or is withdrawn from a particular description of Meter the Licensee shall, as soon as is reasonably practicable either:

• (a) inform the Director of the action to be taken by the Licensee to remedy the absence of Approval in relation to that description of Meter and the anticipated date of such Approval; or

• (b) inform the Director that the Licensee intends to cease use of that description of Meter in connection with the Applicable Systems in accordance with a timetable for the withdrawal thereof which the Licensee shall provide to the Director on request.

11.5

Paragraphs 11.1, 11.2, 11.3 and 11.4 shall apply to any description of Meter for voice frequency switched telecommunication services.

BILLING ARRANGEMENTS

12.1

The Licensee shall not render any bill in respect of any description of telecommunication Service provided by means of the Applicable Systems unless every amount (other than an indication of unit charge) stated in that bill is no higher than an amount which represents the true extent of any such Service actually provided by the Licensee to the customer in question. In this paragraph “customer” does not include any Operator with whom the Licensee has entered into an agreement following negotiations pursuant to Condition 9, or any agreement made pursuant to Part C of this Licence.

12.2

Without prejudice to the generality of paragraph 12.1 the Licensee shall at all times maintain in operation such a Billing Process as facilitates compliance by the Licensee with, and is calculated to prevent contravention by it of, that paragraph.

12.3

The Licensee shall not be regarded as being in contravention of its obligation under paragraph 12.1 except where the failure is in relation to the Billing Process and the Licensee has failed to take all reasonable steps to prevent a contravention of that obligation.

12.4

The Licensee shall keep such records as may be necessary or as may be determined by the Director to be necessary for the purpose of satisfying the Director that the Billing Process has the characteristics required by paragraph 12.2, provided that nothing in this paragraph shall require the Licensee to retain any records for more than 2 years from the date on which they came into being.

12.5

For the purpose of giving the Director an independent quality assurance from time to time that the Billing Process has the characteristics required by paragraph 12.2, the Licensee shall, where the Director has prima facie grounds to believe the Billing Process does not have those characteristics and has so notified the Licensee, extend its prompt co-operation to the Director and, in particular, on request by the Director shall:

• (a) furnish the Director in accordance with the Director’s reasonable requirements any Information, document (including any facility enabling him to read data not held in readable form) or other thing;

• (b) carry out (or cause to be carried out by such person having such special expertise as the Director may specify and to whom the Director has raised no reasonable objection) in such manner as the Director may specify, an examination of the whole or of any part of the Billing Process and as soon as practicable after the conclusion of such examination and in any event not later than 28 days thereafter, furnish to the Director a written report by the Licensee or that specified person, as the case may be, of the results of such examination;

• (c) on reasonable notice by him allow during normal business hours the Director and, on production of his special authority in that behalf, any member of his staff, access to any relevant premises, plant or equipment of the Licensee;

• (d) on reasonable notice by him allow during normal business hours the Director, and, on production of his special authority in that behalf, any member of his staff, to examine or test the whole or any part of the Billing Process including any plant or equipment whether or not forming part of the Applicable Systems;

• (e) for the purposes of paragraph 12.5(c) or 12.5(d), allow the Director to be accompanied by any person as the Director may specify and to whom the Licensee has raised no reasonable objection whose assistance the Director might reasonably require for the purposes described at the beginning of this paragraph provided that the Director shall have given the Licensee notice (save in exceptional circumstances) of at least 5 working days of the identity of that person; and

• (f) install and keep installed any equipment (whether or not supplied by the Director) for the purpose of verifying:

• (i) the accuracy and reliability of any equipment or apparatus (including any Meter) of the Licensee; and

• (ii) in the case of any Meter which is or is required to be Approved in accordance with Condition 11 and is in use in connection with the Applicable Systems, compliance with any conditions or other matters which may be required as regards such use of that Meter.

ITEMISED BILLS

13.1

This Condition shall apply to the Licensee only to the extent that it runs a Fixed Public Telephone System by means of which it provides Fixed Publicly Available Telephone Services.

13.2

Where the Licensee runs a Fixed Public Telephone System, the Licensee shall provide to each of its Subscribers, except to the extent that the Subscriber has agreed or requested otherwise, a basic level of itemised billing at no extra charge to the Subscriber. Where the Director has directed what constitutes a basic level of itemised billing pursuant to regulation 22(4) of the Revised Voice Telephony Regulations, the Licensee shall make that level of itemised billing available to such Subscribers. Where appropriate, the Licensee may offer additional levels of detail to its Subscribers at reasonable tariffs or at no charge.

13.3

The Licensee shall ensure that each itemised bill shows a sufficient level of detail to allow verification and control of the charges incurred in using its Fixed Public Telephone System.

13.4

The Licensee shall ensure that calls which are free of charge to its Subscribers, including calls to helplines, shall not be identified in its Subscribers' itemised bills.

NON-PAYMENT OF BILLS

14.1

Where a Licensee’s Subscriber has not paid the Licensee all or part of a bill for use of the Fixed Public Telephone System provided by the Licensee any measures taken by the Licensee shall:

• (a) be proportionate and non-discriminatory;

• (b) be published by the Licensee in accordance with paragraph 14.2;

• (c) give due warning in advance of any consequent service interruption or disconnection to the Subscriber; and

• (d) except in cases of fraud, persistent late payment or non-payment, ensure, as far as is technically possible, that any service interruption is confined to the service concerned.

14.2

The Licensee shall publish measures by:

• (a) placing a copy of such information in a publicly accessible part of every Major Office of the Licensee in such manner and in such place that it is readily available for inspection free of charge by members of the general public during such hours as the Secretary of State may by order prescribe under section 19(4) of the Act that the register of Licences and final and provisional orders is to be open for public inspection, or in the absence of any such order having been made by the Secretary of State, during normal office hours; and

• (b) sending a copy of such information or such part or parts thereof as are appropriate to any Consumer who may request such a copy.

PUBLICATION OF INTERFACES

Publication of Commonly Provided Interfaces within 90 days

15.1

The Licensee shall, in relation to all commonly provided Customer Interfaces and Network Interconnection Interfaces relating to any service described in sub-paragraph (i) or (ii) of the definition of Network Service, in use by the Licensee at the time this Condition comes into force, notify such Interfaces to the Director and publish Interface Specifications relating to such Interfaces within 90 days of this Condition coming into force, in accordance with paragraph 15.6 below.

Publication of new Commonly Provided Interfaces

15.2

Where the Director has determined that the Licensee has Interface Control in relation to any new commonly provided Interface Specification relating to any service described in sub-paragraph (i) or (ii) of the definition of Network Service, which the Licensee intends to use and which is not published under paragraph 15.1:

• (a) the Licensee shall notify such Interface Specification to the Director at the commencement of the Relevant Consulting Period;

• (b) the Licensee shall, if so directed by the Director, consult with Interested Parties during the Relevant Consulting Period;

• (c) the Licensee may, during and after the Relevant Consulting Period, modify any such Interface Specification in line with representations made and any advice offered by the Director to the Licensee relating to such representations;

• (d) the Licensee shall, after the end of the Relevant Consulting Period, publish the Interface in accordance with paragraph 15.6 below; and

• (e) the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 15 months, except where the Director has consented to a shorter period following the written application of the Licensee.

15.3

Where the Licensee does not have Interface Control in relation to any new commonly provided Interface Specification relating to any service described in sub-paragraph (i) or (ii) of the definition of Network Service, which the Licensee intends to use, and which is not published under paragraph 15.1 above:

• (a) the Licensee shall notify such Interface Specification to the Director;

• (b) the Licensee shall publish the Interface Specification in accordance with paragraph 15.6 below; and

• (c) the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 15 months, except where the Director has consented to a shorter period following the written application of the Licensee.

Modifications of Commonly Provided Interface Specifications

15.4

Where any Interface Specification to which paragraph 15.1, 15.2 or 15.3 apply is modified by the Licensee:

• (a) the Licensee shall notify such modification to the Director and publish such modification in accordance with paragraph 15.6 below;

• (b) the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 3 months, except where the Director has consented to a shorter period following the written application of the Licensee; and

• (c) the modification shall include any change in the description of any Interface which may affect the maintenance of effective interoperability of services by means of the Interface described in the relevant Interface Specification.

Withdrawals of Commonly Provided Interfaces

15.5

Where any interface described in any Interface Specification to which paragraph 15.1, 15.2 or 15.3 apply is withdrawn by the Licensee:

• (a) the Licensee shall notify such withdrawal to the Director and publish such withdrawal in accordance with paragraph 15.6 below; and

• (b) the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall not be less than 15 months, except where the Director has consented to a shorter period following the written application of the Licensee.

Publication Requirements

15.6

The requirements as to publication are that:

• (a) the description of the Technical Characteristics must be such as to assist in securing the effective interoperability of telecommunication systems and apparatus, and in particular, (although without prejudice to the generality of the foregoing) the correct operation of Terminal Equipment;

• (b) the Licensee shall ensure that each Interface Specification is published in a manner appropriate for bringing the matters to which the Interface Specification relates to the attention of:

• (i) the Secretary of State, the British Standards Institution, all persons to whom functions have been delegated pursuant to section 25 of the Act, all Operators with whom the Licensee is obliged to negotiate Interconnection under Condition 9, or offer to enter into Interconnection agreements with, as the case may be, under Part C of this Licence, appropriate representatives of suppliers and manufacturers of telecommunication apparatus and systems, and appropriate representatives of users or consumer interests;

• (ii) any person whom the Director considers likely to be affected by or to have an interest in such matters and whom the Director has determined for the purpose of this sub-paragraph; and

• (iii) any other person likely to be affected by or to have an interest in such matters; and

• (c) where the Director considers it necessary to enable Interested Parties to obtain easy access to the information contained in Interface Specifications, he may direct the Licensee to send copies of any Interface Specification, or any class of Interface Specification, to any person specified by him for the purposes of this sub-paragraph.

Amendments of Interface Specifications directed by the Director

15.7

If, following any representation made to him, the Director concludes that any Interface Specification contains insufficient information for its purpose he may direct the Licensee to:

• (a) amend the Interface Specification in order to remedy the defect; and

• (b) publish the amended Interface Specification in accordance with the provisions of paragraph 15.6 and in relation to any period specified by the Director which takes into account the need to ensure a sufficient period has elapsed after publication of the amended Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems.

15.8

To the extent that the Licensee is running a Fixed Public Telephone System by means of which it provides Fixed Publicly Available Telephone Services the Licensee shall inform the Director in writing, without undue delay, of any particular network characteristics which are found to affect the correct operation of Approved Apparatus. Such information shall be made available to Terminal Equipment suppliers at their request by the Director pursuant to regulation 17(4)(c) of the Revised Voice Telephony Regulations.

15.9

Nothing in this Condition shall require the Licensee to publish or send to the Director information which it has already published or sent to the Director.

ESSENTIAL INTERFACES

16.1

The Licensee shall take full account of such standards, if any, as are listed in the Official Journal of the European Communities as being suitable for the purposes of Interconnection.

16.2