UNDER SECTION 12(2) OF THE TELECOMMUNICATIONS ACT 1984
MODIFICATION TO THE LICENCES OF EARTHADVICE LTD, EUROCALL LTD, FIBRENET
UK LTD AND AT&T GLOBAL NETWORK SERVICES (UK) B.V.
1. The Director
General of Telecommunications (the "Director") in accordance
with section 12(2) of the Telecommunications Act 1984 as amended
by the Electronic Communications Act 2000 (the "Act")
hereby gives notice that he proposes to make a modification to the
licence granted to Earthadvice Ltd on 29 January 2002, the licence
granted to Eurocall Ltd on 13 March 2002, the licence granted to
Fibrenet UK Ltd on 13 March 2002 and the licence granted to AT&T
Global Network Services (UK) B.V. on 15 March 2002, by the Secretary
of State for Trade and Industry under section 7 of the Act, collectively
referred to hereinafter as the "licences".
2. Both the
effect of and the reason for the proposed modification are set out
in the Schedule below. They have been detailed in full in the Consultation
Document of June 2001 entitled ‘Use of automatic calling equipment
review’. The full text of the proposed modification is set out in
Annex B to Oftel’s Statement of January 2002. Both documents are
available through the Oftel website at www.oftel.gov.uk.
3. The same
modification was made on 18 March 2002 to all licences granted during
the period beginning on 22 June 1984 and ending on 18 January 2002
under section 7 of the Act to particular persons which the Secretary
of State has designated by order under section 9 of the Act as having
public telecommunications systems. The notice for this modification
was published on 18 January 2002
in accordance with section 12(2) of the Act. The proposed modification
will bring the licences into line with those licences already modified.
12A(7) of the Act provides that a modification is deregulatory if
effect of the conditions to be modified is to impose a burden
affecting the holder of the licence in which those conditions
modification would remove or reduce the burden without removing
any necessary protection; and
modification is such that no person holding a licence granted
under section 7 of the Act to a particular person would be unduly
disadvantaged by the modification in competing with the holder
of the licence in which those conditions are included.
5. In the
opinion of the Director, the proposed modification of the licences
is deregulatory within the meaning of section 12A(7) of the Act
for the reasons set out in the Schedule below.
6. The Director
is seeking comments on the proposed modification to the licences.
Interested parties have 28 days from the day after publication of
this Notice to make representations on the proposed modification.
There will be no further period for interested parties to make comments
on any representations made during the above-mentioned period. In
accordance with section 12(6D) of the Act, representations made
against the proposed modification shall be taken to constitute an
objection only if they are accompanied by a written statement that
they are to be so taken.
on or objections to the proposed modification may be made to Selina
Chadha, Oftel, 50 Ludgate Hill, London, EC4M 7JJ (telephone 020
7634 5307, e-mail email@example.com)
by no later than 22 April 2002.
8. Any confidential
information should be clearly marked as such and separated out into
a confidential annex. All representations received by Oftel, with
the exception of material marked confidential, will be made available
for inspection in Oftel’s Research and Intelligence Unit and may
9. The Director
is required by section 12(2) of the Act to consider any representations
or objections on the proposed modifications duly made and not withdrawn.
Subject to such consideration, the Director proposes to make the
modifications as soon as practicable after the statutory consultation
has been completed.
of the proposed modifications and a full list of licences affected
can be obtained from Gabrielle Dakhama, Oftel, 50 Ludgate Hill,
London, EC4M 7JJ (telephone 020 7634 8735, e-mail firstname.lastname@example.org).
1. The words
‘in writing’ in Condition 17.2(a) are to be deleted.
2. In its
present form, Condition 17 prohibits the use of ACE where the resultant
call does not consist of live speech, unless written consent has
been obtained from the recipient of the call.
3. The effect
of the modification is that Licensees will no longer have to obtain
consent in writing.
4. The Director
considers that requiring consent to be obtained in writing is inhibiting
the development and launch of new products and services. The retention
of the requirement to obtain consent will ensure that consumers
remain adequately protected. However, removing the requirement for
this consent to be obtained in writing will allow more products
and services using ACE to be provided that will enable consumers
to receive the benefit of automated services should they wish to.
This is in line with Oftel’s long term strategy of ensuring that
regulation is kept to the minimum necessary to obtain the appropriate
5. The Director
considers this amendment to be deregulatory for the following reasons:
its present form, Condition 17 imposes a burden on licensees
by prohibiting the use of ACE where the resultant call does
not consist of live speech, unless written consent has been
obtained from the recipient of the call;
proposed modification reduces this burden by removing the requirement
that consent be obtained in writing. It does not remove any
necessary protection as the retention of the requirement to
obtain consent, albeit not in writing, will ensure adequate
consumer protection; and
modification will not unduly disadvantage any person holding
a licence granted under section 7 of the Act to a particular
person as the proposed modification will apply to all licence
holders which have been designated under section 9 of the Act
as having public telecommunication systems.