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The Telecommunications (Licence Modification) (Paging Operator Licences) Regulations 2000

Type Statutory-Instrument

Publication 2000-06-28

Last updated 2003-07-25

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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The Licensee shall send a copy of the list referred to in paragraph 17.4 above, or (following publication) any agreement or amendment or part of them to any person who may request it within 7 working days of receipt of the request.

17.6

The Licensee shall, within a reasonable period following a request, send to any person requesting Interconnection all necessary information and specifications, in order to facilitate the conclusion of an agreement, including, to the extent that the Director may otherwise consent, information on changes planned for implementation within the next six months.

17.7

Any information received by a Licensee from any person for the purposes of any provision in Part A shall be used only for the purpose for which it was supplied. The Licensee shall not pass such information on to other departments within the Licensee’s organisation, subsidiaries or partners for which such information could provide a competitive advantage.

17.8

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

Condition 18

REQUIREMENT TO HAVE COST ACCOUNTING SYSTEMS AND ACCOUNTING SEPARATION FOR INTERCONNECTION PURPOSES

18.1

The Licensee shall maintain a cost accounting system which having regard to the Licensee’s obligations under Condition 15.1 above:

(a) in the opinion of the Director is suitable to demonstrate that its charges for Interconnection have been fairly and properly calculated; and

(b) provides the information for the time being required to be provided by virtue of Article 7.5 of, and Annex V to, the Interconnection Directive.

18.2

The Licensee shall make available to any person on request a description of its cost accounting system showing the main categories under which costs are grouped and the rules used for the allocation of costs to Interconnection.

18.3

The Licensee shall be deemed to be complying with the requirements of paragraph 18.1 and 18.4A to 18.6 at any time within the period of two years from the designation of the Licensee as an Operator having Significant Market Power if it is at that time complying with directions then in force which have been given to it by the Director for the purpose of ensuring that its cost accounting system enables it to demonstrate that its charges have been fairly and properly calculated.

18.4

Where the annual turnover of the Licensee in telecommunications activities in the United Kingdom is more than 20 million euros the Licensee shall keep separate accounts for, on the one hand, activities related to Interconnection—covering both Interconnection services provided to or used by itself and any organisation within its Group and Interconnection services provided to others—and, on the other hand, other activities so as to identify all elements of costs and revenue, with the basis of their calculation and the detailed attribution methods used, related to its Interconnection activity, including an itemised breakdown of fixed assets.

18.4A

The Licensee shall also prepare in respect of each financial year a statement (the “Standard Service Statement”) of costs of and charges for Standard Services, to the extent that disaggregation of such Standard Services is necessary for the purposes of paragraph 18.1.

18.5

For each financial year ending on or after 1 January in the year in which the Licensee is determined by the Director to be an Operator having Significant Market Power pursuant to regulation 4(1)(b)(i) of the Interconnection Regulations, the Licensee shall procure in respect of each of the separate accounts described in paragraph 18.4 above an audit report by the Licensee’s Auditor which shall conform to Auditing Standards and in which the Auditor shall state whether in his opinion the accounts fairly present, in accordance with the description of cost accounting systems:

(a) in the case of the profit and loss account, the results; and

(b) in the case of the statement of mean capital employed, the mean capital employed.

18.5A

The Licensee shall procure in respect of each Standard Service Statement an audit report by the Licensee’s Auditor, which shall conform to Auditing Standards in which the Auditor shall state whether in his opinion the costs of and the charges for, the Standard Service are properly prepared in accordance with the description of cost accounting systems, unless the Licensee can demonstrate, to the reasonable satisfaction of the Director, in respect of which the Licensee shall be afforded a reasonable opportunity to present its case, that the requirement to procure an audit opinion on a specific Standard Service Statement is not proportionate.

18.6

(a) the separate financial accounts and the report of the Auditor thereon; and

(b) the Standard Service Statement and the report of the Auditor thereon,

within two months after the date on which the Licensee’s annual statutory financial statements are published and, in any event, within four months after the end of the period to which they relate, or such other period as the Director shall determine which is objectively justified.

18.7

Any requirement to which the Licensee would otherwise be subject under paragraph 18.4A shall not apply if, or to the extent that, the Licensee can demonstrate to the reasonable satisfaction of the Director, in respect of which the Licensee shall be afforded a reasonable opportunity to present its case, that the requirement is not proportionate.

PART B: — UNDUE DISCRIMINATION REQUIREMENTS WHICH APPLY TO PART A

Condition 19

PROHIBITION ON UNDUE PREFERENCE AND UNDUE DISCRIMINATION

19.1

Where a determination has been made which applies to the Licensee for the purposes of Part A 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 Interconnection of any description which the Licensee provides pursuant to Part A;

(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 19.1(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 permitted to do such things in that manner by or under any provision of this Licence.

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

Condition 20

EXCEPTIONS AND LIMITATIONS ON OBLIGATIONS IN PART 2 OF SCHEDULE 1

20.1

Unless the context otherwise requires and subject to paragraph 20.8, the Licensee’s obligations have effect subject to the following exceptions and limitations.

20.2

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

20.3

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.

20.4

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.

20.5

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.

20.6

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.

20.7

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

20.8

This Condition does not apply to:

Condition 1 (Requirement to provide Connection Services)

Condition 7 (Accounting Separation for Special or Exclusive Rights in Non-Telecommunication sectors);

Condition 8.4 (Requirement to Furnish Information to the Director);

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

Part B (in relation to Part A services).

20.9

Only paragraphs 20.1, 20.2, 20.3 and 20.7 apply to:

Condition 8.1, 8.2 and 8.3 (Requirement to Furnish Information to the Director).

Condition 10 (Licensee’s Group);

Condition 11 (Payment of Fees).

20.10

Only paragraphs 20.1, 20.2, 20.3, 20.4 and 20.7 apply to Condition 4 (Numbering Arrangements).

PART B — Condition 6 of the BT Paging licence

Condition 6

PEPARATION OF ACCOUNTS

6.1

The Licensee shall:

(a) maintain accounting records in such a form that the Relevant Services Business is seperately identifiable or separately attributable in the books of the Licensee, being records sufficient to show and explain the transactions of that Business;

(b) prepare in respect of each complete financial year of the Licensee, or of such lesser periods as the Director may specify but not more frequently than quarterly, accounting statements setting out, and, in the case of yearly statements, fairly presenting, the costs (including capital costs), revenue and financial position of the Relevant Services Business and including a reasonable assessment of the assets employed in and the liabilities attributable to the Relevant Services Business and showing separately, in the case of yearly accounting statements, the amount of any material item of revenue, cost, or any asset or liability which has been either:

(i) charged from or allocated to any other business of the Licensee or any other member of the Licensee’s Group together with a description of the basis of the value on which that charge or allocation was made; or

(ii) determined by apportionment or attribution from an activity common to the Relevant Services Business and any other business of the Licensee or any member of the Licensee’s Group and, if not otherwise disclosed, the basis of the apportionment or attribution;

(c) procure in respect of each of the accounting statements prepared in respect of a complete financial year of the Licensee a report by the Licensee’s Auditor stating whether in his opinion that statement is adequate for the purposes of this Condition; and

(d) deliver to the Director a copy of each of the accounting statements and of the reports relating thereto required under paragraph 6.1(b) and 6.1(c) as soon as is reasonably practicable and in any event not later than six months after the end of the period to which they relate.

6.2

Accounting statements prepared under paragraph 6.1(b) in respect of each financial year shall, so far as reasonably practicable, 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.

6.3

In this Condition references to the costs of any business do not include profits of that business.

PART C — Condition 7A of the BT Paging licence

Condition 7A

SEPARATE BILLING

7A.1

Where the Licensee engages in the Radiopaging Business, it shall ensure that the charge or charges are presented to the customer in an invoice which is separate from any other invoice sent by the Licensee to the customer in question.

7A.2

For the purposes of this Condition the Licensee shall be free to treat the Radiopaging Business as not including any business relating to the provision of Radiopaging Services outside the United Kingdom.

7A.3

In this Condition–

“Radiopaging Business” means: the provision of Radiopaging Services; the supply of mobile or portable telecommunication apparatus for use in conjunction with Radiopaging Services; the connection to the Applicable Systems of: any telecommunication system run by a person other than the Licensee; or any mobile or portable telecommunication apparatus, where such system or apparatus is to be used in conjunction with Radiopaging Services; or the provision of a service consisting in the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of mobile or portable telecommunication apparatus which is or is to be connected to the Applicable Systems for use in conjunction with Radiopaging Services; and

“Radiopaging Service” means telecommunication services consisting in the conveyance of Messages by means of Wireless Telegraphy where every Message, apart from a simple acknowledgement, is ultimately transmitted from a Station for Wireless Telegraphy comprised in the Applicable Systems run by the Licensee to a Station for Wireless Telegraphy or Wireless Telegraphy Apparatus that is not comprised in those Applicable Systems.

SCHEDULE 4 — SCHEDULE 2: REVOCATION

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SCHEDULE 5 — 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

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Connection authorisation

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Service authorisation

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Definitions and Interpretation

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SCHEDULE 6 — ANNEX A

THE APPLICABLE SYSTEMS

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Signed

Patricia Hewitt — Minister of State for Small Business and E. Commerce, — Department of Trade and Industry — 28th June 2000

Explanatory note

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Footnotes

[^f00001]: S.I. 1996/266.

[^f00002]: 1972 c. 68.

[^f00003]: 1984 c. 12, as amended by the Telecommunications (Licensing) Regulations 1997 (S.I.1997/2930). There are other amendments to 1984 c. 12 which are not relevant to these Regulations.

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15

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The notice above shall be referred to in these Conditions as a “Network Charge Change Notice".

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Determination of Competitive Standard Services and Prospectively Competitive Standard Services

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