A consultation issued by the Director General of Telecommunications

Contents

Summary

Chapter 1 Introduction

Chapter 2 Approval of a relay service

Chapter 3 Consultation

Annex A Notification under Clause 46(4) of the Communications Bill and Regulation 18(4) of the draft Electronic Communications (Networks and Services) Regulations 2003

Annex B Proposed approval of a text relay service for the purposes of general condition 18 (Annex to the Notification)

Summary

S.1 This consultation invites comments on the Director's proposal to give approval to RNID Typetalk as a text relay service for the purpose of General Condition 18 on 'Special measures for end-users with disabilities' which is part of the General Conditions of Entitlement.

S.2 The Approval is intended to replace the Determinations made by the Director General of Telecommunications on 2 October 2001 in which he recognised Typetalk as a text relay service for the purposes of Condition 10.1 of the payphone operator licences and Condition 25.1 of the fixed voice telephony and international facilities operator licences, the cable and local delivery operator licences, the mobile licences, the BT licence and the Kingston licence.

  Chapter 1

Introduction

A new regulatory framework

1.1 A new regulatory framework for electronic communications networks and services will enter into force in the UK on 25 July 2003. The basis for the new regulatory framework is five new EU Communications Directives:

• the Framework Directive (Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services);
• the Access Directive (Directive 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities);
• the Authorisation Directive (Directive 2002/20/EC on the authorisation of electronic communications networks and services);
• the Universal Service Directive (Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services) and;
• the Privacy Directive (Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector).

1.2 The new regulatory framework is designed to create harmonised regulation across Europe and aimed at reducing entry barriers and fostering prospects for effective competition to the benefit of consumers.

1.3 The Framework Directive provides the overall structure for the new regulatory regime and sets out fundamental rules and objectives which read across all the new directives. As its name suggests, it is the directive that establishes the new framework. Article 8 of the Framework Directive sets out three key policy objectives, expressed as requirements:

• to promote competition in the provision of electronic communications networks and electronic communications services
• to contribute to the development of the European internal market
• to promote the interests of all persons who are citizens of the European Union.

1.4 The Authorisation Directive establishes a new system whereby any person will be generally authorised to provide communications services and/or networks without prior approval. The general authorisation replaces the existing licensing regime. The Universal Service Directive defines a basic set of services that must be provided to end-users. The Access and Interconnection Directive sets out the terms on which providers may access each others’ networks and services with a view to providing publicly available electronic communications services. These four Directives must be implemented in the UK and in other EU Member States on 25 July 2003. The fifth Directive on Privacy establishes users’ rights with regard to the privacy of their communications. This Directive was adopted slightly later than the other four Directives and has an implementation date of 31 October 2003.

Implementation

1.5 In the UK, it is intended to implement the four main Directives through a new Communications Act. The Communications Bill is currently before Parliament. The latest version of the Communications Bill is that which was introduced into the House of Lords on 5 March 2003, to which a link is provided from http://www.communicationsbill.gov.uk (References to the Communications Bill in this document are references to the 5 March 2003 version). The Bill may be subject to change as it proceeds through Parliament.

1.6 It is intended that the Communications Bill will receive royal assent by 25 July 2003. Should this occur, it is likely that Ofcom will not be ready by the summer to assume all of its duties foreseen by the Bill. Clause 401 of the Bill enables the Secretary of State to make one or more commencement orders to bring certain provisions into force for the purpose of their being carried out by the Secretary of State and/or the Director for a transitional period prior to Ofcom assuming all of their functions.

1.7 In the event that the Communications Bill does not receive royal assent by 25 July 2003, the government has acknowledged that implementation will need to occur by Statutory Instruments made under the European Communities Act 1972 for an interim period until the Bill enters into force. The DTI and Oftel have consulted on a contingency plan for the interim implementation of the EC Directives with effect from 25 July 2003 should the Communications Bill not have received Royal Assent in sufficient time (see http://www.communicationsbill.gov.uk/implementation_consultations.html). The consultation finished on 16 May 2003.

1.8 For the reasons set out in the preceding two paragraphs, this document refers to the Director rather than Ofcom.

From licensing to general authorisation

1.9 One key change of the new framework is that the telecommunications licensing regime will disappear from 25 July 2003 and providers of electronic communications networks and services will no longer be required to obtain a licence in advance of operating a system or providing services. The licensing regime will be replaced by a general authorisation to provide electronic communications networks or services.

1.10 Under the new framework, while a licence is not required, Communications Providers may be subject to a number of general conditions and, for some providers, specific conditions applicable only to an individual provider (eg, obligations flowing from a designation as a provider of universal service or a finding of significant market power). Oftel has completed two consultations on draft General Conditions of Entitlement: the first of which came to an end on 13 September 2002 (see www.oftel.gov.uk/publications/licensing/2002/enti0502.htm) and the second on 16 May 2003 (see http://www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexC.pdf). References in this consultation document to the General Conditions are to the versions as they appeared in the second consultation. The General Conditions may change in their final form as a result of comments received during the second consultation. Oftel will need to reconsider this document in light of the final version of the General Conditions, but does not expect that the substance of the issues set out in this document will require re-consultation in the event of any amendment to the General Conditions.

The new regulatory framework and access to a text relay service

1.11 Article 7 of the Universal Service Directive requires Member States to ensure access to and affordability of publicly available telephone services for end-users with disabilities, equivalent to that enjoyed by other end-users. Oftel considers that the availability of a relay service providing text-voice translation for textphone users is a key component of this requirement, not least because for some end-users with severe hearing impairment, it provides the only means of access to the emergency services.

1.12 Under the existing arrangements, there is an obligation on BT to fund a text relay service. It is intended to carry a similar obligation forward into the new framework by means of a Universal Service Condition which will require the designated Universal Service provider to provide funds for the operation of a relay service for all end-users of publicly available telephone services (PATS) who need to use textphones because of their disabilities. (These proposals are set out in the Notification of proposals for the designation of universal service providers and setting of conditions published at www.oftel.gov.uk/publications/eu_directives/2003/uso0303.htm The consultation concluded on 2 May 2003).

1.13 Oftel supports the principle, enunciated by article 7.2 of the Universal Service Directive, that end-users with disabilities should have as wide a choice of providers as the majority of end-users. Accordingly, Oftel is proposing, by way of the General Conditions, to impose an obligation on all providers of publicly available telephone services to offer access to a relay service. This proposal appears in General Condition 18 (the ‘Condition’) to be set under what is currently Clause 42 of the Communications Bill.

1.14 The effect of the Condition is that Communications Providers that provide PATS will be required to 'ensure that such of its Subscribers who, because of their disabilities, need to make calls in which some or all of the call is made or received in text format, are able to access a Relay Service'. A 'Relay Service' is defined in the general condition as any service which 'has been approved by Ofcom/the Director to be a text relay service for the purposes of this Condition'. Hence in order for the Condition to take effect, the Director must formally approve a text relay service for the purposes of the Condition.

 Chapter 2

Approval of a relay service

2.1 In its response to the first consultation on the general conditions (published at http://www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexB.pdf) Oftel indicated that although there were no agreed guidelines identifying the criteria that should be taken into account in approving a relay service, considerations similar to those that prevailed in making the October 2001 Determinations to recognise a text relay service for the purpose of various licence conditions should apply. In making those Determinations, the Director General stated that he was:

2.2 The critical requirement is that a relay service, on which end-users may depend for their access to the emergency services, must be available at all times. It follows that such a service must be adequately staffed around the clock and relies on systems that have sufficient technical resilience and back-up resources not to crash. A further requirement is that the relay service provider needs to have measures in place that guarantee the absolute confidentiality of communications made through the service. Finally any relay service needs to be interoperable across networks.

2.3 A relay service is defined in General Condition 18 as a service which

In addition, the General Condition requires that end-users who need to make calls to which a Relay Service applies shall have access to emergency organizations, operator assistance and a directory enquiry facility using short code numbers and should receive call progress voice announcements in a suitable form.

2.4 At present RNID Typetalk's service is the only relay service provided within the UK through which these requirements can be met. It offers an all-year, 24 hour service with human operators available to translate voice messages into text and vice versa. In conjunction with BT's TextDirect platform it offers access to the emergency services through a dedicated 18000 number and text access to other services using the prefix 18001- as well as providing a range of call progress announcements in text form such as number ringing, call connected, number busy and number unobtainable. It is the relay service for which BT provides funding under condition 68 of its licence.

2.5 For these reasons the Director proposes to approve RNID Typetalk as a text relay service for the purposes of this condition. This will mean that, as a result of the combined effect of the proposed approval and General Condition 18, all PATS providers will be required to provide access to Typetalk to their subscribers who need to make calls in text format.

2.6 However the proposed approval of RNID Typetalk does not preclude the future approval of other relay services, provided they are able to provide an adequate level of service. This does not require any alternative services precisely to duplicate the Typetalk service offering – what it does mean is that, taken as a whole, the range of features made available through any other relay service must offer end-users a service that is, on balance, at least as good as Typetalk.

2.7 In proposing to make this approval, the Director is satisfied that he will be acting in accordance with the Community requirements set out in clause 4 of the Bill. In particular the approval of RNID Typetalk will:

• promote competition in relation to the provision of electronic communications networks and electronics communication services in so far as it enables all end-users of PATS to have access to a relay service irrespective of the network or service provider they have chosen to use
• create an environment in which those subscribers who need to make calls in which some or all of the call is made or received in text format are able to access a text relay service which clearly promotes the interests of citizens of the European Union who wish to be able to make such calls in the UK
• encourage the provision of service interoperability because it enables end-users using services provided by different communications providers to communicate with each other.

2.8 In proposing to make this approval the Director is satisfied that the criteria identified in clause 46(2) of the Bill are satisfied. The approval is objectively justifiable because it is necessary in order to satisfy the universal service objective of ensuring access by end-users with disabilities to PATS, including access to emergency services, equivalent to that enjoyed by other end-users. The approval does not discriminate unduly against particular persons or against a particular description of persons. At present RNID Typetalk is the only text relay service being provided in the UK so its approval is not discriminatory, especially as the Director would be willing to approve any alternative relay service that becomes available as long as it provides an adequate level of service. The approval of RNID Typetalk is proportionate to what it is intended to achieve which is to ensure that providers of PATS will be in a position to comply with their obligations under General Condition 18. It should also be noted that the approval does not represent a new form of regulation but the continuation of existing arrangements. Finally the proposed approval is transparent insofar as it is the subject of this consultation. The proposals to require all providers of PATS to provide access to a relay service and the proposal for its funding by a designated universal service provider have also been exposed to the consultative process.

Chapter 3

Consultation

3.1 Oftel is publishing this consultation document so that interested parties may comment on the issues which it addresses.

3.2 The purpose of this consultation is to draw the attention of stakeholders to the proposed approval for the purposes of General Condition 18. However, the scope of the consultation does not extend to the Condition itself, which has already been subject to consultation. The question is simply whether or not RNID Typetalk should be approved as a relay service. Stakeholders are invited to comment on the proposed approval by 11 July 2003. Responses to this consultation will be published unless they are marked as confidential.

3.3 Where possible, comments should be made in writing and sent by e-mail to frank.phillips@oftel.gov.uk. However, copies may also be posted or faxed to the address below. If any interested parties are unable to respond in one of these ways, they should discuss alternatives with the Oftel manager named below:

Frank Phillips
Oftel
50 Ludgate Hill
London
EC4M 7JJ

e-mail: frank.phillips@oftel.gov.uk

Further copies of this document

3.4 This document can be viewed in the Publications section of Oftel’s website at www.oftel.gov.uk/publications/consumer/textrelay0603.htm. Paper copies and alternative formats such as large print, Braille, disc and audio cassette can be made available on request. Please contact Oftel’s Research and Information Unit by phoning 020 7634 8761 or by sending an e-mail to infocent@oftel.gov.uk.

Publication of comments made by stakeholders

3.5 On this occasion, Oftel is not programming a formal period during which interested parties may comment on the responses made by others. Nevertheless, in the interests of transparency, comments will be published, except where respondents indicate that a response, or part of it, is confidential. Respondents are therefore asked to separate out any confidential material into a confidential annex, which is clearly identified as containing confidential material. Oftel will take steps to protect the confidentiality of all such material from the moment that it is received at Oftel’s offices. However, in the interests of transparency, respondents should avoid applying confidential markings wherever possible.

3.6 Non confidential responses can be viewed on Oftel’s website in the Publications section under Responses to Oftel consultations. Comments can also be viewed at Oftel’s Research and Information Unit. Appointments must be made in advance (see contact details in paragraph 5.3).

e-mail notifications

3.7 Oftel has a free e-mail based mailing list to help people stay informed about the work that Oftel is doing. Each time an Oftel document is published and placed on Oftel’s website at www.oftel.gov.uk, subscribers to the list receive an e-mail alert. To register, please go to the What’s New section of the website and access the electronic form.

Next steps

3.8 After the completion of the consultation exercise, Oftel will publish its final proposals in advance of 25 July 2003.

 Annex A

NOTIFICATION UNDER CLAUSE 46(4) OF THE COMMUNICATIONS BILL 2003 AND REGULATION 18(4) OF THE DRAFT ELECTRONIC COMMUNICATIONS (NETWORKS AND SERVICES) REGULATIONS 2003

Proposal to approve a text relay service for the purposes of draft General Condition 18

1. The Director General of Telecommunications (‘the Director’) in accordance with clause 46(4) of the Communications Bill 2003 (‘the Bill’) and Regulation 18(4) of the draft Electronic Communications (Networks and Services) Regulations 2003 (‘the Regulations’) hereby makes the following proposal to approve a text relay service for the purposes of draft General Condition 18.

2. The Director is proposing to make the approval set out in the Annex to this Notification.

3. The effect of, and the Director’s reasons for making, the proposal for the approval referred to in paragraph 2 above are contained in the consultation document published with this Notification.

4. Representations about the proposal for the approval referred to in paragraph 2 above and the accompanying consultation document may be made to the Director by 11 July 2003.

5. Except as otherwise defined in this Notification, words or expressions used shall have the same meaning as in the Bill or the Regulations as appropriate.

DAVID ALBERT EDMONDS

DIRECTOR GENERAL OF TELECOMMUNICATIONS

11 June 2003

Annex B

Annex to the Notification

[PROPOSED] APPROVAL OF A TEXT RELAY SERVICE FOR THE PURPOSES OF GENERAL CONDITION 18

WHEREAS:

(a) The definition of ‘Relay Service’ in General Condition 18 has effect by reference to an approval given by the Director General of Telecommunications (‘the Director’);

(b) The Director set out his proposal for an approval of a text relay service for the purposes of General Condition 18 in a notification in accordance with section 46(4) and (5) of the Communications Act 2003 (‘the Act’) / Regulation 18(4) and (5) of the Electronic Communications (Networks and Services) Regulations 2003 [to be deleted as appropriate] (‘the Notification) on 11 June 2003 and responses were invited by 11 July 2003;

(c) A copy of the Notification was sent to the Secretary of State;

(d) Representations about the proposal were received from [ ]. The Director has considered these representations in making the approval set out below;

(e) The Director has considered his duties set out in section 4 of the Act / regulation 4 of the Regulations [to be deleted as appropriate];

(f) The Director is satisfied that the approval set out below complies with the requirements of section 46(2) of the Act / regulation 18(2) of the Regulations [to be deleted as appropriate];

THEREFORE

1. The Director hereby approves the RNID Typetalk service as a text relay service for the purposes of draft General Condition 18.

2. Except as otherwise defined in this approval, words or expressions used shall have the same meaning as in the Act / the Regulations [to be deleted as appropriate].

DAVID ALBERT EDMONDS

DIRECTOR GENERAL OF TELECOMMUNICATIONS

25 July 2003