Revised publication scheme, 13 August 2003 

Contents

Foreword

Chapter 1 Introduction

Chapter 2 How to access information held by Oftel

Chapter 3 Classes of information which Oftel publishes or intends to publish

                                                Foreword from the Director General of Telecommunications

Oftel’s aim is to obtain the best deal for telecommunications consumers in quality, choice and value for money.

The Freedom of Information Act 2000 ("the Act") establishes a general right of access to all types of recorded information held by public authorities. It sets out also exemptions from that right and places a number of obligations on public authorities. Oftel is a public authority for the purpose of the Act.

This document sets out Oftel’s aims and the practical ways in which it plans to meet its new duties. This publication scheme is a working document, and will be reviewed and revised regularly. Like other public authorities, Oftel is also learning about how the new duties will affect it. Oftel is keen to work with other organisations to meet its aim and build on its achievements.

Finally, as Director General of Telecommunications, I would like to express my personal commitment to the aims, objectives and values set out in this scheme. I know that the dedication and determination of Oftel staff will help me to deliver this agenda, and I intend to provide the leadership and support they need to ensure success.

David Edmonds

Director General of Telecommunications

 Chapter 1

Introduction

1.1 The post of Director General of Telecommunications ("the Director") was created under the Telecommunications Act 1984 to regulate the newly privatised BT, to oversee the emerging telecommunications market in the UK and to create the conditions for competition.

1.2 The Office of Telecommunications (Oftel) is a non-ministerial government department which was created to support the Director in the performance of his duties and functions as the regulator for the telecommunications industry.

1.3 To find out more about Oftel and its work you can visit the Oftel web site at www.oftel.gov.uk, phone Oftel’s Research and Information Unit on 020 7634 8761 or send an e-mail to infocent@oftel.gov.uk.

A new future for communications

1.4 Four new EC Communications Directives ("the Directives") which entered into force on 24 April 2002 seek to further converge and harmonise communication regulation throughout the European Community. The Directives require the UK to change the way electronic communications networks and services are currently regulated from 25 July 2003. The Directives are:

a. Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive);

b. Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive);

c. Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive); and

d. Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive).

1.5 A new section has been added to Oftel's web site to provide information on the Directives and Oftel's implementation plan. The relevant pages can be found at http://www.oftel.gov.uk/ind_info/eu_directives/index.htm

1.6 The new regime required by the Directives is intended to be implemented in the UK by the draft Communications Bill ("the Bill"), which was published jointly by the Departments for Trade and Industry and Culture, Media and Sport for consultation on 7 May 2002. A copy of the Bill and an update on its progress can be found at http://www.communicationsbill.gov.uk.

1.7 The Bill will give effect also to the Government’s proposals for the reform of the regulatory framework for the communications sector. The main provisions in the Bill include the transfer of functions to the Office of Communications (OFCOM) from the bodies and office holders which currently regulate the communications sector. As a result of the proposals Oftel will cease to exist in its current form and will be merged into OFCOM.

The Freedom of Information Act 2000

1.8 The Act received Royal Assent on 30 November 2000. It establishes a general right of access to all types of recorded information held by public authorities. It sets out also exemptions from that right and places a number of obligations on public authorities. Oftel is a public authority for the purpose of the Act. Detailed information on the Act is available on the Information Commissioner’s Office ("the Commissioner") web site http://www.dataprotection.gov.uk or by writing to:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Enquiry/information line: 01625 545 745

1.9 Applicants will not be required to mention the Act when making a request for information. The request must however be in a permanent form, for instance in writing or by e-mail. Information must be provided where possible to the applicant in the manner requested. This may be in the form of a copy or summary, or the applicant may ask to inspect the record.

1.10 A response must in general be provided within 20 working days. A public authority may ask for further information which it reasonably requires in order to identify and locate the information requested. If a fee is required, the period of 20 working days is extendable by up to three months until the fee is paid.

1.11 The Act must be fully implemented by 30 November 2005. Under the Act, you will have the right of access from 1 January 2005.

Publication scheme

1.12 Section 19(1) of the Act states that it is the duty of every public authority to:

a. adopt and maintain a publication scheme and to have that scheme approved by the Commissioner;
b. to publish its scheme;
c. to publish information in accordance with its scheme; and
d. from time to time, to review the scheme.

1.13 This document sets out Oftel’s publication scheme ("the Scheme") and, in particular, Oftel’s aims and the practical ways in which it plans to meet the new duties.

1.14 One of the requirements of the Scheme is that it identifies the ‘classes’ of information that Oftel will publish. The Scheme sets out:

a. the classes of information which Oftel publishes or intends to publish;
b. the manner in which information of each class is, or is intended to be, published; and
c. whether the material is, or is intended to be, available free of charge or on payment.

1.15 Chapter 2 sets out how to access information held by Oftel. Chapter 3 sets out the classes of information which Oftel publishes or intends to publish.

1.16 The Scheme is intended to ensure that as much information held by Oftel is readily available to anyone wishing to see it. By adopting this approach the need for specific consideration of requests under the Act will be minimised. By readily available, we mean that the information is available on the Oftel web site http;//www.oftel.gov.uk (either directly or through a link), may be purchased from Her Majesty’s Stationery Office (HMSO), may be obtained from a public library or will be supplied by Oftel in accordance with the Act.

1.17 Whilst Oftel’s aim is to obtain the best deal for telecommunications consumers, Oftel recognises that its decision making must be transparent and robust, with high quality evidence. A great deal of Oftel’s work relies on commercially sensitive information provided by companies on a strictly confidential basis. Oftel will not therefore always be able to publish full details of information it collects. Oftel has a long tradition however of publishing as much information as possible, for instance in consultation documents, before it makes its decisions. It remains committed to making readily available as much information as possible to anyone wishing to see it.

1.18 Oftel has formed a project team to take forward its work in conformity with the requirements of the Act and as set out in the Scheme. The appointed contact at Oftel with day to day responsibility for the Scheme is:

Head of Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ

Tel: 020 7634 8761
E-mail: infocent@oftel.gov.uk

1.19 The project team reports quarterly to Oftel’s Internal Management Board. The Director has overall responsibility for the Scheme.

1.20 The Scheme was approved by the Commissioner on 18 November 2002. The approval has been granted for the period 30 November 2002 to 30 November 2006. We plan however to look at the Scheme annually to check it is up to date and if there is any additional information that we can add to the Scheme. As a result of the proposals referred to in paragraphs 1.4 to 1.7 inclusive, Oftel can only commit to a review of the Scheme whilst Oftel subsists.

Chapter 2

How to access information held by Oftel

Publication of the scheme

2.1 This document can be viewed in the Publications section of Oftel’s web site www.oftel.gov.uk, under classification About Oftel. Paper copies and more accessible formats such as large print, Braille, disc and audiocassette can be made available on request. The document is available in other languages on request. Copies of the Scheme are available free of charge from:

Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ

Tel: 020 7634 8761
E-mail: infocent@oftel.gov.uk

Access to the classes of information

2.2 Oftel is committed to publishing as much information as possible on its web site www.oftel.gov.uk and in hard copy. Hard copy publications are available from:

Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ

Tel: 020 7634 8761
E-mail: infocent@oftel.gov.uk

2.3 There is no commitment to publish information which has been held by Oftel for more than three years.

Charges

2.4 Where a standing charge is applied for a publication, the charge will not exceed the maximum permitted by Treasury charging guidelines "Charges for information: When and how – Guidance for government departments and other crown bodies" ("the Guidelines"). The Guidelines can be viewed at http://www.hm-treasury.gov.uk/about/open_government/opengov_charging.cfm or are available in hard copy from:

Open Government Contact
HM Treasury
Parliament Street
London
SW1P 3AG

Public enquiries: 020 7270 4558

2.5 We indicate for each class of information in the Scheme whether a charge is likely to apply to information within the class.

2.6 Information is published free of charge on our web site (there is no charge imposed by Oftel for accessing the site, although the user would have to meet any charges payable to their Internet service provider together with personal printing costs etc. For those without Internet access, a single printout as on the web site would be available by post from:

Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ

Tel: 020 7634 8761
E-mail: infocent@oftel.gov.uk

2.7 Requests however for multiple printouts or for archived copies of documents which are no longer available on the Oftel web site may attract a charge for the cost of retrieval, photocopying and postage. We would inform you of this at the time of the enquiry and any charges applied would be payable in advance.

The information asset register

2.8 The Information Asset Register ("IAR") is a catalogue of unpublished information resources that anyone with web access can search through its web interface inforoute http://www.inforoute.hmso.gov.uk/inforoute in order to identify:

a. what information the Government (including Oftel) holds;
b. how useful that information is; and
c. a contact point to whom requests for the underlying information may be made.

2.9 Users do not need to know which department may be responsible for a particular subject. Using the inforoute search engine, they will be able to identify which department holds information on a particular subject, some explanations about that information, the format in which it is held and the contact details within the department.

2.10 Each government organisation is responsible for creating the records within its own departmental information asset register. All these separate organisations, collectively, form the IAR.

2.11 Further information on the role of IAR can be viewed on the HMSO web site http://www.inforoute.hmso.gov.uk or from:

Information Asset Register
e-Services Division
HMSO
7 St James's Square
London SW1Y 4JU

2.12 Oftel’s IAR custodian is:

Head of Research and Information Unit
Information Asset Register
Oftel
50 Ludgate Hill
London EC4M 7JJ

Tel: 020 7634 8761
E-mail: infocent@oftel.gov.uk

Code of practice on access to government information

2.13 Non-personal information held by Oftel which is not published under the Scheme may, until the access rights under the Act comes into force on 1 January 2005, be requested under the Code of Practice on Access to Government Information ("the Code") by contacting:

Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ
Tel: 020 7634 8761

E-mail: infocent@oftel.gov.uk

2.14 The Code includes, subject to certain exemptions, five commitments to:

a. supply facts and analysis with major policy decisions;
b. open up internal guidelines about departments' dealings with the public;
c. supply reasons with administrative decisions;
d. provide information under the Citizen's Charter about public services, what they cost, targets, performance, complaints and redress; and
e. respond to requests for information.

2.15 You may order printed copies of the Code by writing to:

Freedom of Information and Data Protection Unit
Lord Chancellor's Department
Room 151
Selborne House
54 Victoria Street
London SW1E 6QW

2.16 To find out more about the Code or to read the full text of the Code you can view the Lord Chancellor’s Department web site http://www.lcd.gov.uk

Requests for information under the Environmental Information Regulations

2.17 The Environmental Information Regulations ("the Regulations") require the release, on request, of a wide range of information, including all information on all aspects of the environment and any activities, measures, plans, policies, programmes or decisions likely to affect the environment.

2.18 If you wish to make a request for information under the Regulations, please contact:

Neil Paterson
Project Manager
Environmental Information Regulations
Oftel
50 Ludgate Hill
London EC4M 7JJ

Fax: 020 7634 8847

E-mail: neil.paterson@oftel.gov.uk

Requests for information under the Data Protection Act 1998

2.19 The Data Protection Act 1998 gives individuals a statutory right of access, subject to certain exemptions, to personal data held about them. The right of access relates to certain personal data. To find out more about the principles of data protection you can view the Commissioner’s web site at http://www.dataprotection.gov.uk/principl.htm. Individuals are entitled to be informed by the data controller (Oftel) whether any personal data concerning them is held and if so they should:

a. be given a description of the data in question;
b. be told for what purposes the data are processed; and
c. be told of the recipients or classes of recipients to whom the data are or may be disclosed.

2.20 The activity of an individual asking for personal data held about them is called a ‘subject access request’. Subject access requests are managed by:

David Smith
Information Controller
Oftel
50 Ludgate Hill
London EC4M 7JJ

Fax: 020 7634 8771
E-mail: david.smith@oftel.gov.uk

Copyright

2.21 Oftel is a non-ministerial government department and our information is subject to Crown copyright administered by HMSO. If you want to re-use or reproduce our publications, which is for instance commercially or for circulation for educational purposes, you may need to apply for a copyright licence for this from HMSO.

2.22 Oftel complies with government policy that users are permitted to reproduce material from government documents featured on official departmental web sites without formal licensing or charge except where expressly indicated on the web site. Information from Oftel documents published on our web site can be re-used free of charge providing it is reproduced accurately and sourced correctly. Where appropriate Oftel can ask to see how it will be used to give us some idea of where and how our information is being reproduced.

2.23 Material published in other formats and not available on Oftel’s web site may be covered by the Click-Use Licence on HMSO’s web site at http://www.clickanduse.hmso.uk unless Oftel has included in the publication a paragraph or text which states exactly how the material can be re-used.

2.24 For more information regarding copyright please contact Oftel’s Research and Information Unit by e-mail at copyright@oftel.gov.uk or write to:

Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ

2.25 For HMSO Guidance notes on a range of copyright issues, see the HMSO web site http://www.hmso.gov.uk/guides.htm or write to:

Her Majesty's Stationery Office
Licensing Division
St Clements House
2-16 Colegate
Norwich
NR3 1BQ

Complaints and enquiries about Oftel’s publication scheme

2.26 If you have a complaint or enquiry about the Scheme you should:

a. write to:

Head of Research and Information Unit
Oftel
50 Ludgate Hill
London EC4M 7JJ
Fax: 020 7634 8958

E-mail: infocent@oftel.gov.uk; or

b. phone Oftel’s Consumer Representation Section on 020 7634 8888 or 0845 714 5000 (lo-call).

    Chapter 3

Classes of information which Oftel publishes or intends to publish

3.1 The Act sets out at sections 21 to 44 inclusive the exemptions from the general right of access to all types of recorded information. There are two general categories of exemption:

a. those where, even though an exemption exists, a public authority has a duty to consider whether disclosure is required in the public interest (for instance information intended for future publication, investigations and proceedings, legal professional privilege and information provided by companies in confidence and which is commercially sensitive); and
b. those where there is no duty to consider the public interest (for instance information accessible by other means and court records).

3.2 The classes of information which Oftel publishes or intends to publish consist of:

Casework conducted by the Director

3.3 This class comprises information about the way in which the Director conducts casework investigations, including in particular the procedures adopted investigating behaviour under the Competition Act 1998 or the Telecommunications Act 1984. It consists of:

• Outcome of competition and compliance cases
• Transfer of cases between Oftel’s Consumer Representation Section and compliance directorate

Corporate information

3.4 This class comprises information relating to the corporate objectives, management and performance of Oftel. It consists of:

• Advisory Committees on Telecommunications minutes of meetings with the Director General/Director of Operations*
• Annual report
• Audit committee terms of reference and minutes*
• Competition Act strategy
• Executive board terms of reference and minutes*
• Guide to Oftel
• Internal management board terms of reference and minutes*
• Management plan
• Oftel strategy
• Project and programme management manual
• Remuneration committee terms of reference and minutes*

Customers and markets

3.5 This class comprises the results of research conducted and data compiled by Oftel’s Customer and Markets Unit. A charge will apply to some of the information listed below except where the information is accessed on Oftel’s web site. Charges for hard copies will be confirmed at the time of request. See paragraphs 2.4 to 2.7 inclusive for details regarding charges. It consists of:

• Consumer initiatives
  • Business
  • Learning society
  • Residential
• How research is done
• International benchmarking studies
• Price information
  • Mobile price monitoring
  • External price information
• Market information publications
• Market research reports**
  • Businesses
    • Fixed telephony
    • Mobile telephony
    • Internet
    • Other topics
    • Trends
  • Residential consumers
    • Fixed telephony
    • Mobile telephony
    • Internet
    • Digital TV
    • Other topics
    • Trends
• Quarterly research newsletter
• Quarterly UK and international omnibus surveys
• Question and answers on market review process

Financial information

3.6 This class comprises information relating to Oftel’s finance and accounts unit. It consists of:

• Asset management policy
• Finance manual
• Guide to contracting with consultants
• Resource accounts
• Service delivery agreement
• Supplementary estimates

Miscellaneous office policies and procedures

3.7 This class of information comprises Oftel’s miscellaneous office policies and procedures. It consists of:

• Information services
  
  • Disposal of surplus equipment policy
  • Information and communications technology strategy and e-government strategy
  • Information services strategy
  • Training guides
• Licensing
  • General guidance to operators and service providers
  • Guide to the Public Telecommunications Operator licence
  • Guidelines on well established international operator determinations and arrangements for accounting in respect of international conveyance service
  • Licence modifications checklist
  • Licence modifications guide
• Office services
  • Accommodation users groups minutes*
  • Health and Safety policy statement
• Publication list
• Policy and procedure for responding to requests made under the Code of Practice on Access to Government Information to the Director
• Policy and procedure for responding to subject access requests under the Data Protection Act made to the Director
• Policy and procedure for staff handling requests for information under the Freedom of Information Act
• Records management policies for both paper-based and electronic filing systems
• Schemes
  • Equality scheme for Northern Ireland
  • Publication scheme under the Freedom of Information Act**
  • Race equality scheme**
  • Welsh language scheme**
• Training
  • Development award guidelines
• Work shadowing guidelines

Personnel information

3.8 This class comprises information relating to Oftel’s human resources department. It consists of:

• Business appointment rules
• Civil service management code
• Equal opportunities annual report
• Equal opportunities statement
• Flexible working hours
• Gifts and hospitality
• Grievance procedures
• Investors in People (IIP)
  • IIP Checklist
  • IIP focus group terms of reference and minutes*
  • IIP Notices
• Inefficiency procedures
• Leave provisions
• Maternity benefits
• Misconduct procedures
• Non-pay benefits
• Occupational health provision
• Performance management guide
• Performance and reward manual
• Probation guidance
• Recruitment guidance
• Sickness absence: a guide for managers and jobholders
• Staff handbook
• Terms and conditions of employment
• Working time directive

Policy development

3.9 This class comprises information relating to the process of policy development. A charge will apply to some of the information listed below except where the information is accessed on Oftel’s web site. Charges for hard copies will be confirmed at the time of request. See paragraphs 2.4 to 2.7 inclusive for details regarding charges. It consists of:

• Annex II (information relating to rights and obligations of telecommunications operators to interconnect with each other under the EU Interconnection Directive)
• Annual market information
  
• Competition bulletins
  
• Consents
  
• Consultation documents**
• Consumer guides**
• Consumer protection policy review guidelines
• Consumer research and initiatives**
• Determinations
• Directions
• Fixed telephony updates
• Glossary
• Guidelines on best practice use of Oftel’s market research
• Industry groups terms of reference & minutes*
  • Calling line identification interest group*
  • DQ implementation working group*
  • EU Directives stakeholders group*
  • Numbering forum*
  • Oftel forum*
  • Oftel Internet forum*
  • Operator policy forum*
  • Wholesale line rental group*
  • Industry guidelines
• International links
• Latest consumer issues
• Market information updates
• Market review guidelines
• Mobile telephony updates
• Modifications
• Register of licensees
• Regulatory option appraisal guidelines
• Relevant publications from other Government departments
• Research and initiatives
• Statements**
• Telecommunications Code notices

Press office

3.10 This class comprises information relating to Oftel’s press office. It consists of:

• Alternative wording for consultation documents
• Biographies
• Copyright policy and guidelines
• Diary of forthcoming events and publications
• Numbers for drama use (range of telephone numbers which have not been allocated and can be utilised for drama use)
• Oftel news magazine
• Press notices**
• Speeches
• Style guide

* Oftel gives no commitment to publish information which predates 30 November 2002, the date the Scheme came into force.

** These types of information are published in accordance with Oftel’s Welsh language scheme which can be accessed at http://www.oftel.gov.uk/publications/about_oftel/2002/wls1202.htm. A copy of the Welsh language scheme is available free of charge from Oftel’s Research and Information Unit (see paragraph 2.1 for contact details).