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

• (b) placing as soon as practicable thereafter a copy of the notice 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 that the register of Licences and final and provisional orders is to be open for public inspection under section 19(4) of the Act 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 of the notice to any consumer who may request such a copy.

55.5

The Licensee shall publish the supply conditions published in accordance with paragraph 55.4 above by including at least the elements defined in paragraph C of Schedule 2 to the Leased Lines Regulations.

Conditions for the Termination of Offerings

55.6

The Licensee shall not terminate an existing offering of a Relevant Private Circuit unless:

• (a) the offering has continued for a reasonable period of time; and

• (b) the Licensee has consulted with the users affected.

55.7

Without prejudice to any other remedy or right of appeal which the user may have in law or in accordance with contract or this Condition, where the user does not agree with the termination date as envisaged by the Licensee, he may bring the case before the Director.

Access, Usage and Essential Requirements

55.8

The Licensee shall not restrict access to and usage of Relevant Private Circuits save as permitted by the Director.

55.9

No technical restrictions shall be introduced or maintained for the interconnection of Relevant Private Circuits to each other or to public telecommunication systems.

55.10

In relation to Relevant Private Circuits, the Licensee shall not be held to have failed to comply with this Condition if the Licensee takes the following measures in order to safeguard the security of network operations during the period when an emergency situation prevails:

• (a) the interruption of the service;

• (b) the limitation of service features; or

• (c) the denial of access to the service,

provided that the following conditions are satisfied:

• (i) the Licensee makes every reasonable endeavour to ensure that service is maintained to all users; and

• (ii) the Licensee takes as soon as reasonably possible all reasonable steps to notify the users and the Director of the beginning and the end of the emergency as well as the nature and extent of temporary service restrictions,

and in this paragraph, an emergency situation means an exceptional case of force majeure, which, without prejudice to the generality thereof, includes extreme weather, earthquake, flood, lightning or fire.

55.11

Where a user’s Terminal Equipment no longer complies with the approval conditions laid down in accordance with Council Directive 91/263/EEC or Council Directive 93/97/EEC for its connection to the Network Termination Point of the type of Relevant Private Circuit concerned, the Licensee may, notwithstanding any obligation under this Licence to provide to users access to and usage of Relevant Private Circuits, interrupt the provision of the Relevant Private Circuit concerned until the Terminal Equipment is disconnected from the Network Termination Point provided that the Licensee:

• (a) immediately informs the user about the interruption giving reasons for it; and

• (b) restores the provision of the Relevant Private Circuit concerned as soon as the user has ensured that the Terminal Equipment is disconnected from the Network Termination Point.

Provision of a Minimum Set of Relevant Private Circuits

55.12

The Licensee shall provide such of the minimum set of Relevant Private Circuits with harmonised technical characteristics specified in Schedule 3 to the Leased Lines Regulations as may be specified by the Director in any direction referred to in paragraph 55.2. The Licensee shall ensure, if it provides other Relevant Private Circuits beyond the minimum set, that such provision does not impede the provision of the minimum set.

Control by Director

55.13

The Licensee shall not take, for reasons of the alleged failure of the user of a Relevant Private Circuit to comply with the usage conditions, any measure (including, without prejudice to the generality of the foregoing, the refusal to provide a Relevant Private Circuit, the interruption of the provision of Relevant Private Circuits or the reduction of the availability of Relevant Private Circuit features) unless:

• (a) the measure is a specified measure authorised by the Director in the case of a defined infringement of usage conditions; or

• (b) the Licensee has been notified in accordance with regulation 10 of the Leased Lines Regulations that the Director consents to the taking of the measure.

55.14

Nothing in this Condition shall prevent the Licensee, where it considers it unreasonable to provide a Relevant Private Circuit in response to a particular request under its tariffs and supply conditions published in accordance with paragraph 55.4 above, from varying those conditions in that case with the consent of the Director.

Tariff Principles and Cost Accounting

55.15

The Licensee shall ensure that tariffs for Relevant Private Circuits follow the basic principles of cost orientation and transparency in accordance with the following rules:

• (a) tariffs for Relevant Private Circuits shall be independent of the type of application which the users of the Relevant Private Circuits implement without prejudice to the principle of non-discrimination set out in Part E;

• (b) tariffs for Relevant Private Circuits shall normally contain the following elements:

• (i) an initial connection charge; and

• (ii) a periodic rental charge, that is to say, a flat-rate element,

and when other tariff elements are applied, these shall be transparent and based on objective criteria; and

• (c) tariffs for Relevant Private Circuits apply to the facilities provided between Network Termination Points at which the user has access to the Relevant Private Circuits. For Relevant Private Circuits provided by more than one telecommunications organisation notified in accordance with regulation 12(1) of the Leased Lines Regulations, half-circuit tariffs, that is to say, from one Network Termination Point to a hypothetical mid-circuit point, can be applied.

55.16

The Licensee shall formulate and put in practice a cost accounting system suitable for the implementation of paragraph 55.15. Without prejudice to the generality of the foregoing, the system shall including the following elements:

• (a) the costs of the Relevant Private Circuits shall in particular include the direct costs incurred by the Licensee for setting up, operating and maintaining Relevant Private Circuits, and for marketing and billing them; and

• (b) common costs, that is to say, costs which can neither be directly assigned to Relevant Private Circuits nor to other activities, shall be allocated as follows:

• (i) whenever possible, common cost categories shall be allocated based upon direct analysis of the origin of costs themselves;

• (ii) when direct analysis is not possible, common cost categories shall be allocated based upon an indirect linkage to another cost category or group of cost categories for which a direct assignment or allocation is possible and such indirect linkage shall be based on comparable cost structures; and

• (iii) when neither direct nor indirect measures of cost allocation can be found, the cost category shall be allocated on the basis of a general allocation computed by using the ratio of all expenses directly or indirectly assigned or allocated, on the one hand, to Relevant Private Circuits and, on the other hand, to other services.

55.17

Other cost accounting systems may be applied only if they are suitable for the implementation of paragraph 55.15 and have as such been approved by the Director for application by the Licensee.

PART F: — MARKET INFLUENCE

56.1

The Director may, in accordance with the procedure set out in paragraph 6 of Part 1 of this Licence, determine the Licensee to be an Operator having market influence in relation to any particular telecommunications market specified by him where the Licensee has the ability to raise prices above the competitive level in that market for a non-transitory period without losing sales to such a degree as to make this unprofitable. In making such a determination, the Director may, in addition to any other factors which appear relevant to him, take into account all or any of the following factors:

• level of entry barriers;

• vertical integration;

• number of active competitors;

• market share;

• extent of countervailing power among buyers;

• the extent of any recent market entry or exit;

• trends in market share and concentration;

• pricing behaviour;

• the level of profits; and

• the influence of other members of the Licensee’s Group operating in the same or similar markets which the Director is minded to specify for the purpose of this Condition.

PART G: — UNDUE DISCRIMINATION AND PRICE PUBLICATION REQUIREMENTS WHICH APPLY TO PARTS A, B, C, D, E AND F

57.1

Where a determination has been made which applies to the Licensee for the purposes of Part A, B, C, D, E or F of this Licence, the Licensee shall not unduly discriminate or show undue preference in the manner set out below:

• (a) 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 (in any market) as respects:

• (i) the provision by means of the Applicable Systems of any telecommunication service provided by the Licensee (including offers of terms on which such services are to be provided):

• (A) which the Licensee is obliged to provide for the purposes of Part A or Part B; or

• (B) in the market determined by the Director for the purposes of Part F;

• (ii) Interconnection of any description which the Licensee provides pursuant to Part C;

• (iii) any Publicly Available Telephone Service, or any access to the Fixed Public Telephone System run by it, which the Licensee is obliged to provide pursuant to Part D;

• (iv) the provision of Relevant Private Circuits where Part E applies to the Licensee; and

• (v) the maintenance, adjustment, repair or replacement of any apparatus comprised in the Applicable Systems which is used for the provision of any telecommunication service in the market determined by the Director for the purposes of Part F of this Licence;

• (b) 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 provision of any telecommunication service referred to in paragraph 57.1(a) above so as to place at a significant competitive disadvantage persons competing with that business; and

• (c) 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 expressly permitted to do such thing in that manner by or under any provision of this Licence.

PUBLICATION OF CHARGES, TERMS AND CONDITIONS

58.1

Where a determination has been made which applies to the Licensee for the purposes of Part A, B or F of this Licence, the Licensee shall, except in so far as the Director may otherwise consent in writing, publish prices and act in the manner set out below.

58.2

Within 28 days after the date the Director has made a determination which applies to the Licensee for the purposes of Part A, B or F above, the Licensee shall send to the Director a notice specifying, or specifying the method that is to be adopted for determining, the charges, terms and conditions on which it offers to:

• (a) provide each description of telecommunication service:

• (i) which the Licensee is obliged to provide for the purposes of Part A or B; or

• (ii) in the market determined by the Director for the purposes of Part F; and

• (b) maintain, adjust, repair or replace any apparatus comprised in the Applicable Systems which is used for the provision of any telecommunication service in the market specified by the Director pursuant to Part F of this Licence where that Part applies to the Licensee.

58.3

The Licensee shall provide the services referred to in paragraph 58.2 above at the charges, terms and conditions so published, and shall not depart therefrom except in the circumstances set out in paragraph 58.4 below.

58.4

The Licensee shall send to the Director:

• (a) a notice of any amendment to any charge, term or condition, or method of determining the same, referred to in the notice described in paragraph 58.2 above; and

• (b) a notice specifying, or specifying the method that is to be adopted for determining, the charges, terms and conditions on which it offers to provide each description of telecommunication service for the purposes of Part A or B or in the market specified by the Director for the purposes of Part F, which is materially different from any telecommunication service to which the notice under paragraph 58.2 above refers,

not less than 1 day (or 28 days where the Licensee is running a Fixed Public Telephone System by means of which it provides Fixed Publicly Available Telephone Services) before the amendment referred to in sub-paragraph 58.4(a) above is to come into effect, or the Licensee first provides the telecommunication service referred to in sub-paragraph 58.4(b) above.

58.5

The Licensee shall, as soon as practicable after sending to the Director each notice referred to in paragraphs 58.2 and 58.4 above, place a copy of such notice 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 that the register of Licences and final and provisional orders is to be open for public inspection under section 19(4) of the Act, or in the absence of any such order having been made by the Secretary of State, during normal office hours.

58.6

The Licensee shall send a copy of any notice referred to in paragraphs 58.2 and 58.4 above to any person at that person’s request (or such parts which have been requested).

PART H: — REQUIREMENTS RELATING TO OPERATORS WITH AN INTERNATIONAL BUSINESS

59.1

This Condition applies where the Licensee acquires or has acquired an International Simple Resale Bearer Circuit from another person holding a Licence and provides International Simple Voice Resale Services by means of it and, for the purposes of this Condition, the Licensee shall not be treated as acquiring or having acquired an International Simple Resale Bearer Circuit only as a consequence of having acquired a Private Leased Circuit between the Applicable Systems and a telecommunication system run by another person who has acquired an International Simple Resale Bearer Circuit.

59.2

This Condition shall apply only:

• (a) if it appears to the Director to be requisite or expedient for this Condition to apply in the interests of maintaining or promoting effective competition in the conveyance of Messages to or from one or more countries and territories where, for a calendar quarter, the percentage by volume of the Messages delivered to the United Kingdom from a country or territory, that were comprised in International Simple Voice Resale Services, was greater than the percentage by volume of the Messages sent from the UK to that country or territory, that were comprised in International Simple Voice Resale Services; and

• (b) if the Director has:

• (i) issued a notice informing the Licensee that this Condition shall apply in respect of such countries or territories and for such periods as he has specified in the notice from a date 28 days from the date of the notice; and

• (ii) has not, by a further notice given before expiry of the first notice, varied or cancelled that specification.

59.3

Any notice given under sub-paragraph 59.2(b)(i) or 59.2(b)(ii), shall appear in a list kept by the Director and made available by him for inspection by the general public.

59.4

In respect of each country or territory specified in a notice given under sub-paragraph 59.2(b)(i) as varied by a notice (if any) given under sub-paragraph 59.2(b)(ii), the Licensee shall ensure that in each such period specified the ratio between:

• (a) the volume of Messages comprised in International Simple Voice Resale Services which are conveyed by means of the Applicable Systems and are delivered to the United Kingdom from that country or territory; and

• (b) the volume of Messages comprised in International Simple Voice Resale Services which are conveyed by means of the Applicable Systems and are sent from the United Kingdom to that country or territory,

shall not be greater than the reference ratio for that country or territory specified in the notice.

PROPORTIONATE RETURN IN RESPECT OF INTERNATIONAL CONVEYANCE SERVICES

60.1

This Condition shall apply in respect of International Conveyance Services provided to any country and territory in the world outside the European Economic Area and other than as specified from time to time by the Director or Secretary of State.

60.2

Except insofar as the Director may otherwise consent in writing, the Licensee shall ensure (using the most up-to-date information available) that over each quarterly period for each Accounting Rate Service the First Ratio shall be no greater than the Second Ratio.

60.3

Where it appears to the Director that in respect of any country or territory the obligation imposed by paragraph 60.2 is being breached, he may make a determination to that effect and the Licensee shall take such steps as the Director may direct for the purpose of remedying the situation. In particular, and without prejudice to the generality of the foregoing, any such direction may require the Licensee to cease to convey any Messages to that country or territory.

60.4

In this Condition:

• (a) “First Ratio” means the volume of Messages comprised in each Accounting Rate Service which are conveyed by the Applicable Systems and are delivered to the United Kingdom divided by the volume of all Messages comprised in each Accounting Rate Service which are delivered to the United Kingdom; and

• (b) “Second Ratio” means the volume of all Messages comprised in each Accounting Rate Service which are conveyed by the Applicable Systems and are sent from the United Kingdom divided by the volume of all Messages comprised in each Accounting Rate Service which are sent from the United Kingdom.

INFORMATION TO THE DIRECTOR ABOUT INTERNATIONAL ACCOUNTING RATES ETC

61.1

The Licensee shall not enter into or vary any agreement or arrangement (nor remain a party to any such agreement or arrangement, or agreement or arrangement so varied) with a person running a telecommunication system authorised in any country or territory outside the European Economic Area and other than as specified from time to time by the Director or Secretary of State for or with a view to the provision of International Conveyance Services being an agreement or arrangement establishing or relating to international accounting methods, rates and divisions unless it has first given the Director notice, before those rates are put into operation.

61.2

As soon as practicably possible after making any correspondent arrangement with an overseas operator, the Licensee shall inform the Director and all other holders of a Licence authorising the provision of International Conveyance Services in the United Kingdom and who are operating, or who have announced an intention to operate on that particular route, of the terms of that arrangement, in particular and without prejudice to the generality of the foregoing, details of any changes to existing accounting rates or methods of settlement or the division of the accounting rates.

61.3

Where, whether as a result of receiving notice under paragraph 61.1 or otherwise, the Director considers that any, or any variation of, such an agreement or arrangement would be or is liable to prejudice the interests of providers and users of International Conveyance Services in the United Kingdom, he may, after consulting the Licensee, make a direction to the Licensee not to enter into or vary the agreement or arrangement, as the case may be, and the Licensee shall comply with such direction.

ACCOUNTING SEPARATION FOR INTERNATIONAL BUSINESS

62.1

Without prejudice to any other provision in this Licence relating to the maintenance of accounting records, the Licensee shall maintain such accounting records dealing separately with its International Business carried on in the United Kingdom as will enable it to show and explain, in response to any request from the Director under paragraph 62.4, all the transactions to which paragraph 62.2 refers.

62.2

This paragraph refers to all transactions between that International Business and:

• (a) any other business carried on by the Licensee whether in the United Kingdom or elsewhere; or

• (b) the business of any Associated Person whether in the United Kingdom or elsewhere.

62.3

The Licensee shall update the accounting records referred to in paragraph 62.1 no less frequently than monthly and those records shall include in particular the costs (including capital costs), revenue and a reasonable assessment of assets employed in and liabilities attributable to that International Business and, separately, the amount of any material item of revenue, cost, asset or liability which has been either:

• (a) charged from or to any other business of the Licensee or Associated Person together with a description of the basis of the value on which the charge was made; or

• (b) determined by apportionment or attribution from an activity common to the business and any other business of the Licensee or any Associated Person and, if not otherwise disclosed, the basis of the apportionment or attribution.

62.4

The Director may at any time request from the Licensee copies of any of the accounting records which the Licensee is obliged to maintain by this Condition, covering any period between:

• (a) the date on which the Licensee first carried on its International Business in the United Kingdom or, if later, the date of this Licence; and

• (b) the date on which such records were, or should have been, last updated in accordance with paragraph 62.3.

The Licensee shall provide any such records requested by the Director within 28 days of receiving such a request in writing.

62.5

Accounting records submitted to the Director shall be prepared in the formats and in accordance with the accounting principles and rules which apply to the annual accounts of the Licensee and shall state the accounting policies used and where the Licensee is a body corporate incorporated outside the United Kingdom the preparation and adoption of those accounts shall comply with the requirements of sections 226 and 231 to 234A of the Companies Act 1985 as if that body corporate were incorporated in the United Kingdom.

62.6

Where it appears to the Director that to do so would be beneficial to the promotion or maintenance of competition he may direct the Licensee to publish the accounting statements submitted to the Director in such manner as he may specify. In so directing the Licensee the Director shall have regard to the need for excluding, so far as that is practicable, any matter where publication of that matter might, in the opinion of the Director, seriously and prejudicially affect the interests of the Licensee or any Associated Person.

MAINTENANCE OF EFFECTIVE COMPETITION

63.1

This Condition shall apply where the Licensee or any Associated Person is the operator of any telecommunication system or provides telecommunication services in a country or territory outside the United Kingdom.

63.2

Where it appears to the Director that as a result of any act or omission of the Licensee either by itself or with or through any Associated Person competition in the provision of any telecommunication service or any particular description of telecommunication services in the United Kingdom is being or is likely to be restricted, distorted or prevented he may make a determination to that effect.

63.3

Where the Director makes a determination under paragraph 63.2 the Licensee shall take such steps as the Director may direct for the purpose of remedying the situation. In particular (and without prejudice to the generality of the foregoing) any such direction may require compliance by the Licensee with any other Condition, as appropriate, including in particular any Condition providing for publication of charges, terms and conditions, or such direction may prohibit undue discrimination and undue preference, in relation to the provision of any telecommunication service within the United Kingdom notwithstanding that any condition precedent to the application of that Condition is not otherwise satisfied.

63.4

Without prejudice to any other provision in this Licence relating to the provision of information, and notwithstanding the provisions of Condition 33.2 the Licensee shall:

• (a) keep accurate records and copies of all agreements with any Associated Person and deliver copies of the same to the Director promptly in response to any request of the Director in respect of any agreement or arrangement; and

• (b) keep accurate records of all services, money and things transferred or supplied by the Licensee to any Associated Person or by an Associated Person to the Licensee, such records to include full details of the type and quantity, and the prices, charges and methodology of charging such prices.

PART I: — EXCEPTIONS AND LIMITATIONS ON OBLIGATIONS IN SCHEDULE 1

64.1

Unless the context otherwise requires and subject to paragraph 64.10, the Licensee’s obligations have effect subject to the following exceptions and limitations.

64.2

The Licensee is not obliged to do anything which is not practicable.

64.3

The Licensee shall not be held to have failed to comply with an obligation imposed upon it by or under these Conditions if and to the extent that the Licensee is prevented from complying with that obligation by any physical, topographical or other natural obstacle, by the malfunction or failure of any apparatus or equipment owing to circumstances beyond the control of the Licensee, by the act of any national authority, local authority or international organisation or as the result of fire, flood, explosion, accident, emergency, riot or war.

64.4

Subject to paragraph 64.10, the obligation to provide any service under Part A of this Licence shall not apply:

• (a) where there is no reasonable demand for it;

• (b) where the provision of the service requested would expose any person engaged in its provision to undue risk to health or safety;

• (c) where the Licensee is unable to obtain (either because it has not been developed or for some other reason beyond the Licensee’s control) anything necessary to provide a service of the quality or standard required by the person who requests the provision of the service and, in the event of dispute, the Director’s decision as to whether anything is necessary shall be final;

• (d) where the person to whom the Licensee would otherwise be under an obligation to provide any service requests a service at a place in which the apparatus necessary to provide that service in that area has not been installed (or in which the installation of such apparatus has not been completed) or as the case may be such apparatus has not been adapted or modified to make it capable of providing the service of the kind requested or the trained manpower necessary to provide the service is not available in that area, provided that in every case where the Licensee declines to provide a service to which this sub-paragraph relates it shall have published, or furnished to the Director, or within 28 days (or such longer period as the Director considers reasonable) following receipt by it of the request that service be provided shall have furnished to the Director, proposals for:

• (i) progressively installing or completing the installation or the adaptation or the modification of such apparatus; or

• (ii) the allocation of the trained manpower,

necessary for the provision of that service in that area and the Director has not determined that those proposals are unreasonable or are not being effectively carried out; or

• (e) where the Licensee notifies the Director that it is not reasonably practicable in all the circumstances for the Licensee to provide the service requested at the time or place demanded and the Director agrees.

64.5

The obligation to provide any telecommunication service other than a service to which paragraph 64.4 applies shall not apply:

• (a) where any of the circumstances described in paragraph 64.4 apply;

• (b) where the person to whom the Licensee would otherwise be under an obligation to provide any service requests a service at a place in an area in which the demand or the prospective demand for the service is not sufficient, having regard to the revenue likely to be earned from the provision of the service in that area, to meet all the costs reasonably to be incurred by the Licensee in providing the service, including:

• (i) the cost of apparatus necessary for the provision of the service there;

• (ii) the cost of installing, maintaining and operating such apparatus for the purpose of providing the service there; and

• (iii) the cost of the trained manpower necessary to provide the service there; or

• (c) where the Licensee notifies the Director that it is not reasonably practicable in all the circumstances for the Licensee to provide the service requested at the time or place demanded and the Director agrees.

64.6

The Licensee shall not be obliged to connect, or to keep connected to the Applicable Systems, or to permit to be so connected or kept connected any telecommunication system or telecommunication apparatus or to provide any telecommunication services or to permit the provision of any service if the person to or for whom that is done or is to be done:

• (a) has not entered or will not enter into a contract for the purpose with the Licensee for reasons other than the unreasonable refusal of the Licensee to agree terms for the purpose but this paragraph does not apply in a case where the Director is satisfied that:

• (i) the Licensee has not published standard terms and conditions which it proposes to apply for the purpose in question, or the transaction is not fit to be governed by such terms and conditions; and

• (ii) the Licensee has unreasonably refused to agree terms and conditions for this purpose;

• (b) is, or in the Director’s opinion has given reasonable cause to believe that he may become:

• (i) in breach of a contract with the Licensee for the provision of telecommunication services by the Licensee; or

• (ii) in default in regard to any debt or liability owed to the Licensee in respect of any such contract;

• (c) is using, or permitting the use of, apparatus so connected for any illegal purpose or has done so in the past and is likely to do so again; or

• (d) has obtained, or attempted to obtain any telecommunication service from the Licensee by corrupt, dishonest or illegal means at any time.

64.7

Nothing in these Conditions shall prevent the Licensee from withdrawing from, or declining to provide to, any person any telecommunication service which the Licensee has notified the Director that it is providing in a limited area, or to a limited class of customers, for the purpose of evaluating the technical feasibility of, or the commercial prospects for, that service.

64.8

Nothing in these Conditions shall require the Licensee to provide any telecommunication service, or to provide any telecommunication service of any particular class or description, if it provides instead a service, or a service of a class or description, which satisfies the purposes of that requirement at least to the same extent.

64.9

This Condition shall apply without prejudice to any limitation or qualification of the requirements imposed by or under any other Condition.

64.10

This Condition does not apply to:

• Condition 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 and 2.7 (Directory Services);

• Condition 4 (Access to Emergency Call Services and Operator Assistance);

• Condition 7.1 (Publication of Charges, Terms and Conditions);

• Condition 8 (Prohibition on Undue Preference and Undue Discrimination);

• Condition 9 (Requirement to provide Connection Services);

• Condition 10 (Requirement to offer contracts for Telephone Services);

• Condition 11.1 (Metering Arrangements);

• Condition 13 (Itemised Bills);

• Condition 14 (Non-payment of Bills);

• Condition 15 (Publication of Interfaces), but only so far as it relates to interfaces identified in Annex II part 1 of the Revised Voice Telephony Directive;

• Condition 20 (Essential Requirements and Essential Public Interests);

• Condition 21 (Standards for ISDN Network Termination Points);

• Condition 28.7 (Number Portability);

• Condition 29 (Obligation to Supply Numbering Information on Request);

• Condition 30 (Accounting Separation for Special or Exclusive Rights in Non-Telecommunication sectors);

• Condition 31 (Fair Trading);

• Condition 32 (Conciliation and Resolution of Disputes);

• Condition 33.4 and 33.5 (Requirement to Furnish Information to the Director);

• Part A (Universal Service Conditions), except Conditions 41 (Schemes for Users with special social needs) and 42 (Provision of Public Call Box Services);

• Part C (Operators with Significant Market Power for the purposes of the Interconnection Directive);

• Part D (Operators with Significant Market Power for the purposes of the Revised Voice Telephony Directive and Operators which have been running a Fixed Public Telephone System for more than 18 months);

• Part E (Leased Lines Directive Conditions); or

• Part G (in relation to Part A, C, D, and E services).

64.11

Only paragraphs 64.1, 64.2, 64.3 and 64.9 apply to:

• Condition 7.2; Condition 7.5(a) and 7.5(b) (Publication of Charges, Terms and Conditions);

• Condition 11.2 and 11.3 (Metering Arrangements);

• Condition 25 (Supply and Connection of Apparatus for Disabled People);

• Condition 33.1, 33.2 and 33.3 (Requirement to Furnish Information to the Director);

• Condition 35 (Licensee’s Group); and

• Condition 36 (Payment of fees).

64.12

Only paragraphs 64.1, 64.6(a) and 64.9 apply to Condition 19.2 (Consultation with Emergency Organisations and Provision of Services to Emergency Organisations).

64.13

Only paragraphs 64.1, 64.2, 64.3, 64.6 and 64.9 apply to Condition 26 (Numbering Arrangements).

64.14

Only paragraphs 64.1, 64.2, 64.3, 64.5(b) and 64.9 apply to Condition 24 (Public Call Box Services).

64.15

Only paragraphs 64.1, 64.2, 64.3, 64.5, 64.7 and 64.9 apply to Condition 19.1 (Consultation with Emergency Organisations and Provision of Services to Emergency Organisations).

64.16

Paragraph 64.2 does not apply to Condition 62 (Accounting Separation for International Business) or Condition 63 (Maintenance of Effective Competition).

SCHEDULE 2 — REVOCATION

1

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2

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3

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4

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

1

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Connection Authorisation

2

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Service Authorisation

3

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Definitions and interpretation

4

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

PART 1: — DEFINITIONS AND INTERPRETATION RELATING TO THE CONDITIONS IN SCHEDULE 4

1

In this Schedule unless the context otherwise requires:

• “Agricultural” has the meaning given to it by paragraph 1 of Schedule 2 to the Act;

• “Appropriate Authority” means a public authority of a type described in subsection 49(6) or, in Scotland, subsection 108(6) of the New Roads and Street Works Act 1991 or, in Northern Ireland, Article 7(5) of the Street Works (Northern Ireland) Order 1995;

• “Area of Outstanding Natural Beauty” means an area in England or Wales designated and confirmed as such under section 5 or section 87 of the National Parks and Access to the Countryside Act 1949 or in Northern Ireland any area established in accordance with Section 10 of the Amenity Lands Act (Northern Ireland) 1965 or designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

• “Area of Special Scientific Interest” means an area designated under Article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1)) as amended by Article 10 of the Nature Conservation and Amenity Lands (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/492 (NI 3));

• “the Broads” means the area in which the Broads Authority exercises power of development control;

• “Carriageway” and “Footway” have the meanings given to them in England and Wales by section 329 of the Highways Act 1980, in Scotland by section 151 of the Roads (Scotland) Act 1984 and in Northern Ireland by Article 2(2) of the Roads (Northern Ireland) Order 1993;

• “Condition” means a Condition in this Schedule;

• “Conservation Area” means: in relation to England and Wales, any area designated as a conservation area under sections 69 and 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990; in relation to Scotland, any area designated as a conservation area under section 61 of the Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997; and in relation to Northern Ireland, any area designated as a conservation area under Article 50 of the Planning (Northern Ireland) Order 1991;

• “Cost Price” means the cost of any item of Telecommunication Apparatus, including the full cost of its Installation, calculated before any charges for depreciation by the Licensee and modified to take account of any alteration in the CSO Price Index for Buildings and Works since it was installed;

• “Duct” means a structure or apparatus (with appropriate entry points) installed underground in such a way that Lines can be installed in it without having to break up the surface of the highway;

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

• “Emergency Organisations” 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;

• “Emergency Works” has the meaning given to it by section 52 or, in Scotland, section 111 of the New Roads and Street Works Act 1991 or, in Northern Ireland, Article 6 of the Street Works (Northern Ireland) Order 1995;

• “Highway Authority” means, in England and Wales, the highway authority as defined in section 1 of the Highways Act 1980 and, in Northern Ireland, the Department of the Environment for Northern Ireland;

• “Installation” includes “alteration” within the meaning of paragraph 1(2) of the Telecommunications Code;

• “Limestone Pavement Area” means an area designated by the Secretary of State or relevant authority under section 34 of the Wildlife and Countryside Act 1981;

• “Line” has the same meaning as in paragraph (a) of the definition of “Telecommunication Apparatus” in paragraph 1 of Schedule 2 to the Act;

• “Local Nature Reserve” means an area designated as such under section 21 of the National Parks and Access to the Countryside Act 1949;

• “Maintainable Highway” has the meaning given to it by paragraph 1 of Schedule 2 to the Act as amended by paragraph 113(1) of Schedule 8 to the New Roads and Street Works Act 1991, and in Northern Ireland has the meaning given to it by paragraph 1 of Schedule 2 to the Act as amended by paragraph 9(a)(i) of Schedule 3 to the Street Works (Northern Ireland) Order 1995;

• “Major Office” means the Licensee’s registered office and such other offices as the Director, having consulted the Licensee, may direct;

• “Marine Nature Reserve” means, in England, Wales and Scotland, an area designated by the Secretary of State under section 36 of the Wildlife and Countryside Act 1981 and in Northern Ireland, an area designated under Article 20(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

• “Natural Heritage Area” means any area in Scotland designated as such under the Natural Heritage (Scotland) Act 1991;

• “National Nature Reserve” means any land in England, Wales and Scotland declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981 by: in England, English Nature, established under the Environmental Protection Act 1990; in Scotland, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991; and in Wales, the Countryside Council for Wales, established under the Environmental Protection Act 1990, and in relation to Northern Ireland means any land declared to be a national nature reserve under Article 18(1) of the Nature Conservation and Amenity Lands Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

• “National Park” means any area in England and Wales designated and confirmed as such under section 5 of the National Parks and Access to the Countryside Act 1949 or any area in Northern Ireland designated as such under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 (S.I. 1985/170 (NI 1));

• “National Scenic Area” means any area in Scotland designated as such under the Town and Country Planning (Scotland) Act 1997;

• “the New Forest” means the area defined in the New Forest Act 1964;

• “Planning Authority” means: in relation to England and Wales, the local planning authority for the area in question within the meaning of section 1 of the Town and Country Planning Act 1990; in relation to Scotland, a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997; and in relation to Northern Ireland, the Department of the Environment for Northern Ireland;

• “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 Road” has the same meaning as in paragraph 1(1) of Schedule 2 to the Act, as amended by the Roads (Scotland) Act 1984 and the New Roads and Street Works Act 1991;

• “Relevant Authority” means: in relation to the Broads, the New Forest, a National Park, an Area of Outstanding Natural Beauty, or a Limestone Pavement Area, the Planning Authority; in relation to a National Nature Reserve, a Site of Special Scientific Interest or a Marine Nature Reserve; in England, English Nature, established under the Environmental Protection Act 1990; in Scotland, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991; in Wales, the Countryside Council for Wales, established under the Environmental Protection Act 1990; and in Northern Ireland, in relation to a National Nature Reserve or a Marine Nature Reserve, the Planning Authority; in relation to an Area of Special Scientific Interest, the Department of Environment for Northern Ireland; and in relation to a Natural Heritage Area or a National Scenic Area, Scottish Natural Heritage, established under the Natural Heritage (Scotland) Act 1991;

• “Relevant Event” means: the revocation of this Licence; where the Licensee is not immediately granted another similar licence to run the Applicable Systems, the expiry of this Licence; or any of the events specified in paragraph 1(e) to (i) of Schedule 2 to this Licence, provided that paragraph 2 of that Schedule shall have effect for the purposes of this definition as it has for the purposes of paragraph 1 of that Schedule;

• “Relevant Owner” means any person who owns or operates electric lines for the transport of electricity;

• “Relevant Supplier” means in relation to an area in which the Licensee has installed or proposes to install any apparatus the person who is authorised by a licence granted under paragraph (b) or (c) of section 6(1) of the Electricity Act 1989, or in the case of Northern Ireland, under Article 10(1) of the Electricity (Northern Ireland) Order 1992 to transmit or supply electricity;

• “Relevant Undertaker” has the meaning given to it by paragraph 23(10) of Schedule 2 to the Act, and includes persons mentioned in paragraph 23(10)(b) in respect of services and apparatus for the supply of water, or disposal of sewage, and additionally includes any undertaking for the supply of heat;

• “Road” has the meaning given to it in section 107(1) of the New Roads and Street Works Act 1991;

• “Road Works Authority” has the meaning given to it in section 108(1) of the New Roads and Street Works Act 1991;

• “Road Works Register” means a register of the kind kept by a Road Works Authority under section 112 of the New Roads and Street Works Act 1991;

• “Roads Authority” has the same meaning as in section 151 of the Roads (Scotland) Act 1984;

• “Service Line” means any Line placed or intended to be placed for the purpose of providing any telecommunication service to the occupier from time to time of any land, as distinct from a Line placed or intended to be placed for the general purposes of any telecommunication system;

• “Service Line Distribution Point” means the point at which any Line placed or intended to be placed for the general purposes of any telecommunication system is connected to any Service Line;

• “Site of Special Scientific Interest” means an area designated as such under section 28 of the Wildlife and Countryside Act 1981 or an area in respect of which the Secretary of State has made an order under section 29 of that Act;

• “Statutory List of Buildings” means the list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 1(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or in the case of Northern Ireland, compiled by the Department of the Environment for Northern Ireland under Article 42 of the Planning (Northern Ireland) Order 1991;

• “Street” has the meaning given to it by paragraph 1 of Schedule 2 to the Act, as amended by paragraph 113(1) of Schedule 8 to the New Roads and Street Works Act 1991, or in the case of Northern Ireland, as amended by paragraph 9(a)(ii) of Schedule 3 to the Street Works (Northern Ireland) Order 1995;

• “Street Authority” has the meaning given to it by section 49 of the New Roads and Street Works Act 1991, or in Northern Ireland by Article 7 of the Street Works (Northern Ireland) Order 1995;

• “Street Works Register” means a register of the kind kept by a Street Authority under section 53 of the New Roads and Street Works Act 1991, or, in the case of Northern Ireland, a register kept by the Department of the Environment for Northern Ireland under Article 13 of the Street Works (Northern Ireland) Order 1995;

• “Telecommunication Apparatus” shall have the extended meaning given to it by paragraph 1(1) of Schedule 2 to the Act;

• “Traffic Authority” has the same meaning as in the Road Traffic Regulation Act 1984 or in Northern Ireland means the Department of the Environment for Northern Ireland; and

• “Urgent Works” in relation to England, Wales and Northern Ireland, has the meaning given in regulation 2 of the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 and, in relation to Scotland, has the meaning given in regulation 2 of the Road Works (Registers, Notices, Directions and Designations) (Scotland) Regulations 1992.

2

For the avoidance of doubt, it is hereby declared that the conditions in this Schedule apply in addition to any obligations of the Licensee in relation to England, Wales and Scotland under the New Roads and Street Works Act 1991 and the Public Utilities Street Works Act 1950, insofar as not superseded by the New Roads and Street Works Act 1991, and in relation to Northern Ireland under the Street Works (Northern Ireland) Order 1995.

3

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

PART 2: — EXCEPTIONS AND CONDITIONS RELATING TO THE APPLICATION OF THE TELECOMMUNICATIONS CODE

1.1

Without prejudice to Condition 5.1 and subject to paragraph 1.7, the Licensee shall take steps to ensure that, wherever practicable, taking into account the need to provide telecommunication services at the lowest reasonable cost, Lines (other than overhead Service Lines flown from poles in a locality where overhead Service Lines are already flown from poles) Installed after the date on which this Condition enters into force are Installed underground.

1.2

Notwithstanding paragraph 1.1, but subject to Condition 4, nothing in this Condition shall prevent the Installation on or above the ground in any area other than a Conservation Area of a Service Line which is:

• (a) affixed to and lying on the exterior surface of a building;

• (b) affixed to and lying on the exterior surface of any permanent structure on the land occupied by the person to whom the service is being provided;

• (c) flown from the eaves of one building to another provided that the distance between buildings is not more than eight metres.

1.3

Notwithstanding paragraph 1.1, but subject to Condition 4, nothing in this Condition shall prevent the Installation on or above the ground in any area other than a Conservation Area of a feeder cable connecting equipment for the provision of services by wireless telegraphy.

1.4

Notwithstanding paragraph 1.1, but subject to Condition 4, nothing in this Condition shall prevent the Installation of a Line in any area other than a Conservation Area which is affixed to and lying either on the exterior surface of a building or the surface of any structure and which terminates at a Service Line Distribution Point.

1.5

Where telecommunication services are to be provided to a person occupying or proposing to occupy a new development the Licensee shall use every reasonable endeavour to enter into an agreement with those responsible for the development and any Relevant Undertaker providing or proposing to provide a service to persons occupying that development to secure that Lines are Installed underground on a shared cost basis.

1.6

Lines Installed over the Carriageway of a Maintainable Highway or, in Scotland, a Public Road shall be placed at a height of not less than 5.5 metres above the Highway or Road (or in the case of a designated high load route not less than 6.5 metres), except where the Highway Authority or, in Scotland, the Roads Authority has previously otherwise agreed in writing.

1.7

Nothing in this Condition or Condition 5 shall prevent the Licensee from Installing new overhead Telecommunication Apparatus where that Apparatus is supported on poles or pylons belonging to a Relevant Owner and used by that Relevant Owner for the transport of electricity at a nominal voltage of at least 6,000 volts.

1.8

The Licensee shall consider carefully a request by any person that any Line which is already Installed above the ground be resited, either underground or in another position above the ground. If the Licensee is satisfied that the person making the request will pay the costs of resiting any such Line the Licensee shall, wherever it is reasonable and practicable, so resite the Line. In other cases, except where the request is frivolous, the Licensee shall be obliged within 28 days of receiving it, to give notice of its decision whether or not to accede to the request in writing to the person making the request giving, where it decides to refuse, reasons.

INSTALLATION OF TELECOMMUNICATION APPARATUS OTHER THAN LINES ABOVE THE GROUND

2.1

Subject to Condition 12.1, the Licensee shall, 28 days prior to the first occasion after the grant of this Licence on which the Licensee intends to Install any Telecommunication Apparatus other than Lines above the ground give to the particular Planning Authority written details of the expected location of any other Telecommunication Apparatus which, at the date of the notice, it intends to Install above the ground in the area covered by that Planning Authority.

2.2

Subject to Condition 12.1 the Licensee shall, before Installing radio masts, give to the Planning Authority written notice of its intention to do so describing the proposed Installation and identifying the place where it is proposing to Install the Apparatus and shall not Install the Apparatus until 28 days after the giving of the notice except with the written consent of the Planning Authority.

2.3

The Licensee shall Install the Apparatus in accordance with the notice referred to in paragraph 2.2 or, where the Planning Authority gives notice in writing within the period of 28 days beginning with the giving of that notice that the Apparatus should be Installed in accordance with conditions, the Licensee shall Install the Apparatus in accordance with such of those conditions as are reasonable in all the circumstances of the case taking into account the desirability of protecting the visual amenity of the locality in which the Apparatus is to be Installed, the technical requirements of the Licensee’s system and the cost of Installing the Apparatus.

2.4

Subject to Condition 4, nothing in this Condition shall prevent the Installation, on or above the ground of cabinets, boxes, pillars, pedestals and other similar Apparatus, provided that the Licensee has given the Planning Authority 28 days written notice of its intention to Install the Apparatus in question describing the Apparatus and identifying the place where it is proposing to Install the Apparatus and the dimensions of the cabinets, boxes, pillars, pedestals or other similar Apparatus above the surface of the ground, excluding any plinth, do not exceed 1.8 metres in height by 2.0 metres in width by 0.8 metres in depth.

2.5

Nothing in paragraph 2.4 shall prevent the Installation of cabinets, boxes, pillars, pedestals and other similar Apparatus, the dimensions of which above the surface of the ground, excluding any plinth, exceed those at paragraph 2.4 with the prior written consent of the Planning Authority.

2.6

Subject to Condition 4, nothing in this Condition shall prevent the Installation of a Service Line Distribution Point which is affixed to and lying either on the exterior surface of a building or the surface of any structure provided that the Point is not in a Conservation Area.

2.7

The requirements in paragraph 2.2 and 2.4 do not apply where the Licensee has given notice to the Planning Authority under Condition 3.2, 4.1 or 5.1, or where the Installation of that apparatus is carried out in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland, Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998.

2.8

For the avoidance of doubt, nothing in this Condition applies to the Installation of Telecommunication Apparatus in relation to which planning permission is required from the Planning Authority.

CONSERVATION AREAS

3.1

Subject to paragraphs 3.2 and 3.5, without prejudice to Conditions 1.2 and 1.3 and except in the case of Emergency Works, Telecommunication Apparatus Installed by the Licensee in any Conservation Area after the date on which this Licence enters into force shall be Installed underground.

3.2

Notwithstanding paragraph 3.1, but subject to Condition 4, the Licensee may Install Telecommunication Apparatus on or above the ground in any Conservation Area provided that the Licensee has given the Planning Authority written notice of its intention to Install the Telecommunication Apparatus in question describing the Apparatus and identifying the location where it is proposing to Install the Apparatus. Where the Planning Authority notifies the Licensee in writing within 40 days of the giving of the notice that the Installation would detrimentally affect the character or appearance of the Conservation Area and that the Installation should not take place, the Licensee may Install the Apparatus only if the Planning Authority subsequently agrees in writing or, in the case of England, Wales and Scotland, if the Secretary of State, after having consulted the Planning Authority, so directs in writing.

3.3

Notwithstanding paragraphs 3.1 and 3.2 above nothing in this Condition shall prevent the Installation on or above ground of:

• (a) a Line or pole required temporarily for the purpose of Emergency Works;

• (b) a Line flown between poles or pylons belonging to a Relevant Owner and used by that Relevant Owner for the transport of electricity at a nominal voltage of at least 6,000 volts;

• (c) an overhead Service Line flown from a pole Installed:

• (i) before the area was designated a Conservation Area; or

• (ii) under paragraph 3.3(f) or 3.3(g);

provided that the Line is of not noticeably larger diameter than that of the majority of the Licensee’s overhead Service Lines in the same locality;

• (d) an overhead Service Line flown from a building in a locality where overhead Service Lines attached to poles or buildings are already Installed in adjacent streets or on neighbouring land by the Licensee for the purpose of providing telecommunication services, provided that the Line is of a not noticeably larger diameter than that of the majority of such other overhead Service Lines;

• (e) any other Line replacing an existing Line provided that the replacement Line is of a not noticeably larger diameter than that of the Line it replaces;

• (f) a replacement pole in a position not substantially different from the pole it replaces;

• (g) subject to paragraph 3.4, a pole (other than one mentioned in paragraph 3.3(f), in a street or on neighbouring land where overhead Service Lines attached to poles are already Installed by the Licensee in that street or on that neighbouring land for the purpose of providing telecommunication services; or

• (h) a Service Line affixed to and lying on the surface of the exterior structure of a building provided that the Line is of a not noticeably larger diameter than the majority of Service Lines affixed to and lying on the surface of the exterior structures of buildings in the same locality.

3.4

Before Installing a pole under paragraph 3.3(g) the Licensee shall give the Planning Authority written notice of its intention to do so describing the proposed works and shall consider any written representations made by the Planning Authority within 40 days of the giving of the notice.

3.5

Notwithstanding paragraph 3.1, but subject to Conditions 4 and 5, the Licensee may Install Lines affixed to and lying on the exterior surface of a building in a Conservation Area provided that the Lines are Installed in accordance with the guidelines established under Condition 10.2.

3.6

For the avoidance of doubt, nothing in paragraph 3.2 applies to the Installation of Telecommunication Apparatus in relation to which planning permission or listed building consent is required from the Planning Authority or where notice is given in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland, Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998.

LISTED BUILDINGS AND ANCIENT MONUMENTS

4.1

Except in the case of Emergency Works, the Licensee shall before Installing Lines, poles or other Telecommunication Apparatus in proximity to a building shown as Grade 1 or, as the case may be, category A in the Statutory List of Buildings give written notice to the Planning Authority. Where the Installation would detrimentally affect the character or appearance of the building, or its setting, and the Planning Authority indicates within 40 days of the giving of the notice that the Installation should not take place, the Licensee may Install the Apparatus only if the Planning Authority subsequently agrees in writing or, in the case of England, Wales and Scotland, if the Secretary of State, after having consulted the Planning Authority, so directs in writing.

4.2

For the avoidance of doubt, nothing in paragraph 4.1 applies to the Installation of Telecommunication Apparatus in relation to which planning permission or listed building consent is required from the Planning Authority or where notice is given in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland, Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998.

4.3

For the avoidance of doubt it is hereby declared that nothing in this Licence affects:

• (a) the statutory requirement that the consent of the Secretary of State or, in the case of Northern Ireland, the Department of the Environment (NI), shall be obtained before any work is carried out which will affect the site of an ancient monument scheduled under sections 1 and 2 of the Ancient Monuments and Archaeological Areas Act 1979 or Article 3 of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 respectively; or

• (b) the obligation imposed on the Licensee by virtue of section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or, in the case of Northern Ireland, by virtue of Article 44 of the Planning (Northern Ireland) Order 1991 to obtain listed building consent for any works of alteration or extension which would affect the character of a listed building, or involve the demolition of any part of such a building.

NATIONAL PARKS ETC

5.1

Subject to paragraph 5.2 and to Condition 1.7, and except in the case of Emergency Works, before carrying out any works involving the Installation of any Telecommunication Apparatus in any National Park, National Nature Reserve, National Scenic Area, Area of Outstanding Natural Beauty, Limestone Pavement Area, Area of Special Scientific Interest, Site of Special Scientific Interest, Marine Nature Reserve, Natural Heritage Area, the Broads or the New Forest, the Licensee shall give the Relevant Authority written notice of its intention to do so describing the proposed works.

5.2

Where the Relevant Authority notifies the Licensee in writing within 40 days of the giving of the notice under paragraph 5.1 that the proposed works would detrimentally affect the character or appearance of the area or be likely to destroy or damage the flora, fauna or geological or physiographical features by reason of which the land is of special interest, and that the proposed works should not take place, the Licensee may Install the apparatus only if the Relevant Authority subsequently agrees in writing or, except in the case of Northern Ireland, if the Secretary of State, after having consulted the Relevant Authority, so directs in writing.

5.3

The Licensee shall also comply with any direction given to it in writing by the Secretary of State or, in the case of Northern Ireland, the Department of the Environment (NI), relating to giving notice to and considering representations made by any other authority exercising statutory functions in relation to any of the areas specified in paragraph 5.1 or such other environmentally sensitive areas as may be specified in the direction.

5.4

The Licensee shall not be required to give notice pursuant to paragraph 5.1 where the Apparatus to be Installed consists solely of, or where works are to be undertaken on Apparatus consisting solely of:

• (a) an overhead Service Line affixed to and lying on the surface of the exterior structure of a building or flown from a pole provided that the Line is of a not noticeably larger diameter than that of the majority of such overhead Service Lines in the same locality; or

• (b) a replacement pole Installed in a position not substantially different from the pole it replaces,

but in carrying out any such Installation or works as are referred to in this paragraph the Licensee shall have regard to the need to liaise effectively with the Relevant Authority.

5.5

For the avoidance of doubt, nothing in this Condition applies to the Installation of Telecommunication Apparatus in relation to which planning permission or listed building consent is required from the Planning Authority or where notice is given in accordance with Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995, or, in Scotland, Part 20 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 or, in the case of Northern Ireland Part 17 of the Planning (General Development) Order (Northern Ireland) 1993 as amended by the Planning (General Development) (Amendment) Order (Northern Ireland) 1998.

NATIONAL TRUST AND NATIONAL TRUST FOR SCOTLAND

6.1

Except in the case of Emergency Works, before Installing any Telecommunication Apparatus for the purpose of providing a service to the occupier of any land which the National Trust or the National Trust for Scotland has notified the Licensee in writing that it owns, or holds any interest in, the Licensee shall give the relevant regional office of that body written notice of its intention to do so, describing the proposed works; and shall consider any written representations made within 28 days of the giving of such notice to it by either of those bodies.

PLACING OF UNDERGROUND LINES IN DUCTS

7.1

All Lines Installed underground after the date on which this Licence enters into force, in a part of a Maintainable Highway which is paved or in a Street which the Street Authority has notified the Licensee is to be paved, shall, whenever practicable, be Installed in Ducts.

7.2

In Scotland, all Lines Installed underground after the date on which this Licence enters into force, in a part of a Road which is paved or in a Road which the Road Works Authority has notified the Licensee is to be paved, shall, whenever practicable, be Installed in Ducts.

MAINTENANCE AND THE SAFETY OF APPARATUS

8.1

The Licensee shall from time to time inspect its Telecommunication Apparatus which is not inside a building and which is on or above the surface of the ground with a view to ensuring that it will not cause physical harm to other persons or property; and the Licensee shall notify the Director, Highway Authority, or, in Scotland, the Roads Authority as appropriate, of its arrangements for inspecting such Apparatus.

8.2

In addition to carrying out inspections of its Apparatus on or above the surface of the ground, the Licensee shall investigate any report (other than a frivolous one) of any of its Apparatus (wherever situated) being in a dangerous state and shall remove any danger.

ARRANGEMENTS WITH ELECTRICITY SUPPLIERS

9.1