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A
statement issued by the Director General of Telecommunications on Oftel's
use of public consultation under the new EU Directives
Contents
Summary
Chapter
1 - Introduction
Chapter
2 - The new EU Directives
Chapter
3 - The way ahead
Annex A - Oftel's
national consultation procedures
Summary
S.1.In August 2001,
Oftel published its statement, Oftel’s use of public consultation,
which detailed the way in which Oftel proposed to consult with its stakeholders.
This is available on Oftel’s website at: www.oftel.gov.uk/publications/about_oftel/2001/cons0801.htm
S.2.Oftel is now
updating this statement in light of requirements being introduced under
new European Directives, which were implemented on 25 July 2003. The
new European Directives are intended to ensure a harmonised application
of the new communications regulatory framework throughout the EU.
S.3.This document
therefore seeks to up-date Oftel’s Agust 2001 statement in order to
ensure compliance with the new EU regulatory framework. However, it
is important to note that there has been no material change to Oftel’s
policy as a consequence of this up-dated document.
S.4.The key requirements
being introduced by the new EU regulatory framework are:
- where national
regulatory authorities intend to take certain measures, in accordance
with one of the new Directives, which have a significant impact on
the market, they must give interested parties the chance to comment
within a reasonable period;
- national regulatory
authorities to take into account the views of end-users, including
disabled-users, consumers, manufacturers, undertakings providing electronic
communications networks and service providers on issues related to
end-user and consumer rights in respect of publicly available electronic
communications services;
- national regulatory
authorities publish their national consultation procedures;
- national regulatory
authorities to make certain draft measures, together with the reasoning
on which the measures are based, available to the European Commission
and to other national regulatory authorities for a period of at least
one month;
- the right for
the European Commission to delay the implementation of a measure in
specified circumstances for a further two months;
- market reviews
to be conducted on a regular basis, where appropriate; and
- requirements
and procedures which national regulatory authorities must follow when
asked to determine disputes between companies which provide electronic
communications networks or services. In particular, there is a requirement
that national regulatory authority must issue a binding decision to
resolve the dispute as quickly as possible and, except in exceptional
circumstances, within no more than four months.
S.5.This statement
fulfils the obligation on national regulatory authorities to publish
national consultation procedures set out in Article 6 of the Framework
Directive. These procedures are attached at Annex A.
S.6.It is envisaged
that Ofcom will shortly assume all of its duties foreseen by the Communications
Act 2003. Oftel expects that Ofcom is likely to issue its own consultation
procedures.

Chapter
1
Introduction
The new regulatory
framework
1.1.A new regulatory
framework for electronic communications networks and services entered
into force in the United Kingdom on 25 July 2003. The basis for the
new regulatory framework is five new EU Communications Directives (‘the
EC Directives’):
(i) the Framework
Directive (Directive 2002/21/EC) (‘FD’);
(ii) the
Access Directive (Directive 2002/19/EC) (‘AID’);
(iii) the
Authorisation Directive (Directive 2002/20/EC) (‘AD’);
(iv) the
Universal Service Directive (Directive 2002/22/EC) (‘USD’); and
(v) the
Privacy Directive (Directive 2002/58/EC) (‘PD’).
1.2.This new regulatory
framework is designed to create harmonised regulation across Europe
and is aimed at reducing entry barriers and fostering effective competition
to the benefit of consumers.
1.3.The Framework
Directive provides the overall structure for this new regulatory framework
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 which have been taken into account in the preparation
of this document. These are that national regulatory authorities shall:
(i) promote competition
in the provision of communication networks, services and associated
facilities;
(ii) contribute
to the development of the internal market; and
(iii) promote
the interests of EU citizens.
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.
1.5.These four Directives
were implemented in the UK and other EU member states on 25 July 2003.
In the UK, this was achieved via the Communications Act 2003 (‘the Act’).
This is available at http://www.communicationsbill.gov.uk
1.6. The Privacy
Directive 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.
Chapter
2
The new EU Directives
- Introduction
2.1.As already explained
in Chapter 1, the package of new Directives which will create a new
framework for regulation of electronic communication networks and services
is intended to ensure a harmonised approach across Europe, although
member states will retain some discretion to decide how regulation should
be applied. It is in this context, and in order to secure compliance
with the new regulatory framework, that Oftel is updating its August
2001 statement on the use of public consultation. The following are
requirements Oftel intends to follow when carrying out a consultation
exercise under the EC Directives and the Communications Act 2003, where
appropriate.
General obligation
to consult
2.2. The new Framework
Directive is intended to create a common regulatory framework for electronic
communications networks and services. It recognises that it is important
that national regulatory authorities consult all interested parties
on proposed decisions and take full account of their comments before
adopting a final decision. In this regard, Article 6 of the Directive,
requires that where national regulatory authorities intend to take measures,
except as otherwise indicated, in accordance with one of the new Directives,
which have a significant impact on the market, they must give interested
parties the chance to comment within a reasonable period.
2.3. Similarly,
Article 33 of the Universal Service Directive requires national regulatory
authorities to take into account the views of end-users, including disabled-users,
consumers, manufacturers, undertakings providing electronic communications
networks and service providers on issues related to end-user and consumer
rights in respect of publicly available electronic communications services.
2.4. While it is
Oftel’s current practice to engage in public consultation and, in certain
specified instances, the Telecommunications Act 1984 and the licences
granted under that Act required consultation, the Framework and Universal
Service Directives requires a wider obligation to consult such interested
parties.
2.5.The Framework
Directive also requires national regulatory authorities to publish their
national consultation procedures, and Oftel envisages that this Statement
or, where appropriate, a subsequent updating, will form the basis of
that publication. Oftel’s national consultation procedures are attached
at Annex A
2.6.These consultation
requirements are reflected in the Communications Act 2003.
General obligation
to consult the European Commission and other national regulatory authorities
2.7. As well as
requirements to consult with interested parties, Article 7(3) of the
Framework Directive requires national regulatory authorities to make
certain draft measures, together with the reasoning on which the measures
are based, available to the European Commission and to other national
regulatory authorities. These additional obligations will apply when
the following criteria are met; the draft measure:
2.8. In these circumstances,
consultation with the Commission and other national regulatory authorities
will be treated as an integral part of Oftel’s consultation process.
There must be a consultation period of at least one month, during which
time the Commission and other national regulatory authorities may comment.
The national regulatory authority must take the utmost account of the
comments of other national regulatory authorities and the Commission
before adopting such draft measures.
2.9. Under Article
7(6) of the Framework Directive, national regulatory authorities may
immediately adopt proportionate and provisional measures of the kind
described in paragraph 2.7 above, without prior consultation with the
Commission and other national regulatory authorities, but only in exceptional
circumstances where there is an urgent need to act in order to safeguard
competition and to protect the interests of users. However, Oftel must
consult the Commission and other national regulatory authorities before
making the decision permanent and before extending the time the measures
are applicable.
2.10. These consultation
requirements are set out in the Communications Act 2003.
The Commissions
right to delay the implementation of a measure
2.11. Having been
so consulted, the Commission may under Article 7(4) of the Framework
Directive require national regulatory authorities to delay implementation
of a measure for a further two months. This period may be extended.
Within this period, the Commission may take a decision requiring the
national regulatory authority to withdraw the draft measure, together
with specific proposals for amending the draft measure, where appropriate.
2.12. The Commission
may require a delay only in the following circumstances; where:
Market reviews
2.13. The EC Directives
envisage that market reviews will be conducted on a regular basis, where
appropriate. However, Oftel’s current practice of normally allowing
stakeholders not less than 12 weeks to respond to consultations on market
competitiveness will not be appropriate where reviews are repeated frequently,
unless the structure of the market, or other fundamental aspects, have
changed significantly. Indeed, section 80(4) of the Communications Act
states that the minimum period for consultation on reviews of market
competitiveness is at least one month. See also paragraphs 3.14 to 3.16
for further information.
Dispute Resolution
2.14. Articles 20
and 21 of the Framework Directive sets out the requirement and procedures
which national regulatory authorities must follow when asked to determine
disputes between companies which provide electronic communications networks
or services. These rules apply to a dispute, between such organisations,
which concern obligations arising under one of the new Directives, and
not merely to disputes concerning interconnection. In these circumstances,
the national regulatory authority must issue a binding decision to resolve
the dispute as quickly as possible and, except in exceptional circumstances,
within no more than four months.
2.15. Oftel published
a joint statement with the Radiocommunications Agency ("the RA’")
on 28 February 2003, Dispute Resolution under the new EU Directives,
which set out how Oftel and the RA will meet the new deadline for dispute
resolution set out in Articles 20 and 21 of the Framework Directive.
This statement is available on Oftel’s website at: http://www.oftel.gov.uk/publications/eu_directives/2003/eud0203.htm

Chapter
3
The way ahead
- Management
of public consultation
Current practice
3.1. Written consultation
plays a central role in the way Oftel carries out its duties. Plans
to engage in public consultation are published within Oftel’s annual
Management Plan and impending publication of consultation documents
is often notified to industry stakeholders at routine open meetings
or at meetings convened to discuss the issues before publication. In
addition, in some cases a ‘Kick-off Statement’ may be published,
before the consultation proper, outlining the scope and methodology
of the review. An outline monthly diary which lists the publications
planned for that month can also be viewed on Oftel’s website (www.oftel.gov.uk)
under the section Press Office. Consultation documents are published
on Oftel’s web site and are notified electronically to those on the
self-selected e-mail notification list. Further electronic or paper
copies are circulated to groups or individuals who may have a particular
interest in the subject matter. Copies of consultation documents (and
statements) may be made available in large print, Braille and audio
format. Non confidential responses to consultation documents can be
viewed at Oftel’s London offices and reasonable requests for paper copies
are met.
Future practice
3.2. For the foreseeable
future, written consultation will continue to play a crucial part in
the way Oftel obtains views and information from its stakeholders. However,
Oftel will continue to acknowledge that there are many other ways in
which views and information can be gathered, and will remain alert to
the possibility of taking a more innovative approach to public consultation.
For example, Oftel considers that, on occasion, meetings can be used
to gather information and views more swiftly and efficiently than formal
written consultation.
3.3. Oftel will
ensure that, where appropriate, it continues to identify and meet with
key stakeholders at an early stage in the preparation of consultation
documents. In many instances, the existing industry fora, or sub groups
reporting to them, will provide an appropriate forum for early discussion
of the issues. Early discussion will ensure that public consultation
is generally used as a means to obtain the views of interested parties,
and not merely as a mechanism for making transparent Oftel’s internal
thought processes. However, Oftel also recognises that this function
of making decisions transparent is important, and where it has identified
a preferred option before engaging in public consultation this will
be made plain when a consultation document is published. Oftel will
also ensure that Statements issued at the conclusion of a consultation
exercise make clear what account has been taken of the responses made
to that consultation exercise.
3.4. Additionally,
Oftel will continue to include on its website a rolling diary of events
covering the remainder of the Management Plan year. This will be updated
weekly to include provisional publication dates for consultation documents,
as well as the dates of other events being organised by Oftel. Where
appropriate, the diary will include additional information about the
issues to be consulted on and the expected target readership, and Oftel
hopes that this will make it easier for stakeholders to identify those
issues in which they have a particular interest and on which they may
wish to respond.
3.5. When a consultation
document or statement is published Oftel will also continue to ensure
that the date of publication is included on the electronic copy of document
and that each document is given a short, but descriptive, title.
3.6. Oftel will
also continue to make copies of consultation documents available on
disk, so that individuals with computer access can access the information
in the format most convenient to themselves. Oftel will also maintain
arrangements with organisations providing transcription services so
that formats such as large print, Braille and audiocassette can be made
available on request. Oftel is mindful of the needs of disabled people,
and of its own legal responsibilities under the Disability Discrimination
Act 1995, and will, of course, continue to make reasonable adjustments
to its practices to ensure that disabled people are not discriminated
against.
General consultation
on regulatory policy and market competitiveness
Current practice
3.7. Oftel generally
allows 12 weeks for stakeholders to respond to consultation documents
which address matters of general regulatory policy or assessments of
competition. In certain circumstances, where the issue has been the
subject of successive rounds of consultation (such as the continuing
review of controls on BT’s prices); or where urgent intervention is
required to resolve a serious breakdown in negotiations between opposing
interests (such as occurred on several occasions in the case of local
loop unbundling), a lesser period has been allowed, reflecting the particular
circumstances.
Future practice
3.8. Where not covered
by statutory consultation requirements, Oftel will allow stakeholders
to have at least 12 weeks to respond to consultations. However, where
necessary, a period of less than 12 weeks will be allowed where, for
example, key stakeholders have been contacted, and there is general
agreement that 12 weeks is too long. On each such occasion, before publishing
the consultation document, Oftel will give stakeholders reasonable notice
of its intention, providing an explanation for the proposal to allow
a reduced consultation period, and will consider any comments on the
proposal. These proposals will be published on Oftel’s web site and
will be notified to those on Oftel’s e-mail notification list. (Stakeholders
which wish to be included on, or deleted from Oftel’s e-mail notification
list, should visit the Whats New section of Oftel’s website www.oftel.gov.uk/whats_new.index.htm).
3.9. Oftel will
also continue to apply shorter consultation periods in circumstances
such as where delay is likely to cause significant customer detriment
or where the issues are subject to a series of linked consultations
or where urgent regulatory intervention is required to resolve a serious
breakdown in negotiations between opposing interests.
Comments-on-comments
Current practice
3.10. Where followed,
the length of time allowed for formal comments-on-comments in relation
to consultations on regulatory policy or market competitiveness varies
from case to case, depending on the expected volume and complexity of
responses and the urgency of the issue. Oftel does, however, publish
copies of all non-confidential responses to consultation documents on
its website so that, as a minimum, stakeholders may draw Oftel’s attention
to any inaccuracies or misrepresentations included in responses made
by others. Paper copies will continue to be made available at Oftel’s
offices. Oftel endeavours to achieve this publication by the end of
the working day after the initial consultation period closes
Future practice
3.11. Oftel does
not propose to modify existing practice on the length of time allowed
for formal comments-on-comments in relation to consultations. This will
continue to vary from case to case, depending on the expected volume
and complexity of responses and the urgency of the issue. Additionally,
Oftel will continue to publish copies of all non-confidential responses
to consultation documents on its website. Paper copies will continue
to be made available at Oftel’s offices.
Consultation
which precedes the making of determinations in respect of Significant
Market Power, Market Analysis and Universal Service
Current practice
3.12. Before making
a determination that an operator has Significant Market Power or Market
Influence or is a provider of Universal Services, the Director General
must conduct a 3-stage 70-day consultation exercise in accordance with
paragraph 6 of Part 1 of Schedule 1 to the relevant PTO licences. This
lengthy consultation process often follows a 12 week consultation (and
subsequent 14 day period for comments-on-comments) on the market conditions
which inform the decision to make the determination. Thus, the total
process can often take a minimum of 6 months (excepting the additional
time needed by Oftel to evaluate responses and draft the necessary documents).
Future practice
3.13. Oftel has
concluded that it is necessary to modify current consultation processes
for making notifications of this kind in light of obligations which
are required under the Framework Directive and the Communications Act
2003. In particular, Oftel intends to move away from its current practice
of conducting a 3-stage 70-day public consultation as set out in the
old licences in order to align its procedures with the more streamlined
arrangements envisaged by the new Directives and with the practices
of other European national regulatory authorities.
3.14. As detailed
in paragraph 2.13, Oftel intends to adopt the minimum timescales set
out in the Framework Directive, which is for a period of one month.
Additionally, in the event that the Commission requires a delay to the
implementation of a measure, the timescales will be as set out in paragraph
2.11 of this statement.
3.15. Oftel intends
to continue to consult informally on policy proposals before starting
the formal consultation process in only the most exceptional of circumstances.
Oftel believes that, when a full market review has been carried out,
it would be unnecessarily time consuming to add a further layer of consultation
before beginning the formal process.
Consultation
which precedes the making of directions, approvals, consents and other
kinds of similar determinations
Current practice
3.16. Paragraph
4 of Part 1 of Schedule 1 to PTO licensees also requires the Director
General to notify licensees, with reasons, and give the licensees and
interested parties a reasonable opportunity to make representations
before a direction, consent or any either kind of determination is made
(i.e. determinations other than those referred to in paragraph 3.13
above). Licences do not, however, specify how much time should be allowed
for responses to be made, neither do they specify how many stages of
consultation should be used. With the exception of consents, Oftel has
generally allowed a period of 28 days for representations to be made,
followed by a further period of 14 days during which comments may be
made on the comments of others.
Future practice
3.17. The legal
power to give directions, consents and approvals under conditions, set
under section 45 of the Act, is set out in section 49 of the Act (or
section 60 of the Act for modifications of documents referred to in
the numbering conditions). Oftel notes that such directions, approvals
and consents are almost always preceded by commercial contact between
the parties and, subsequently, detailed discussion or exchange of correspondence
with Oftel. As a consequence, the practice of issuing a draft determination
or direction is usually intended to allow the precise details and form
of the determination or direction to be commented upon, rather than
the broader policy objective debated.
3.18. Oftel therefore
considers that a month consultation period should suffice to allow the
parties to comment, and therefore Oftel proposes to continue to allow
a month for comments to be made on Oftel’s proposed decisions to issue
directions, approvals and consents (as required by section 49(5) and
60(4) of the Act).
3.19. As with current
practice, it is not intended that a further formal period of 14 days,
for comments-on-comments, will generally be built into the process for
making directions and determinations of this kind. In exceptional instances
where, for example, the issue is expected to be particularly contentious
and subject to opposing views from different stakeholder groups, and
an iterative approach is expected to be productive, Oftel may specify
a formal period for comments-on-comments; this will be made plain when
the draft determination or direction is issued. Whether each such determination
is preceded by a wider consultation on the issues involved, will depend
on whether the making of the determination necessarily involves significant
development of regulatory policy. It is likely that, in most instances,
this will not be the case.
Dispute resolution
3.20. Oftel does
not propose to modify the current approach in respect to dispute resolution
as set out in its joint statement with the RA, Dispute Resolution
under the new EU Directives, published on 28 February 2003. See
paragraphs 2.13 and 2.14 for further details.
Public and industry
meetings
Current practice
3.21. Oftel currently
hosts an Oftel Forum at approximately three-monthly intervals, which
is attended by providers of communications services, representatives
communications of equipment manufacturers or trade bodies or network
infrastructure providers and trade bodies. General consumer organisations
and groups which represent the interests of a specific group of users
of communications services are invited to alternate meetings. To keep
numbers down to a manageable size, attendance at all meetings will be
limited to one delegate per organisation.
3.22. The Oftel
Forum is strongly participative, enabling delegates to present their
views to Oftel and to each other, and the focus of the agenda is on
the impact of regulation on users of communications services. The Forum
is used as a means for Oftel to disseminate information about regulatory
issues of current concern and to stimulate early consideration of the
implications of forthcoming initiatives for each stakeholder group.
Delegates are invited to propose agenda items, and are encouraged to
offer presentations and lead discussions. Whilst the forum, as such,
will not be empowered to take decisions on questions of regulatory policy,
it is intended to be influential.
3.23. Other forums
Oftel hosts as a means of disseminating information include the Implementation
of Directives Stakeholders Group, the Oftel Internet Forum and the Numbering
Forum. Oftel also continues to meet with service providers on an ad-hoc
basis as and when issues arise.
Future practice
3.24. Oftel intends
to maintain its current approach to the use of public and industry meetings.
Oftel will continue to host an Oftel forum at approximately three-monthly
intervals, and will continue to host issue-specific meetings, such as
the Implementation of Directives Stakeholders Group, the Oftel Internet
Forum and the Numbering Forum, where appropriate. Additionally, Oftel
intends to continue to meet with service providers on an ad-hoc basis
as and when issues arise.
3.25. Oftel will
continue to explore a wide variety of consultation techniques, with
a view to ensuring that public consultation remains an effective and
transparent means of achieving Oftel’s goal of the best deal for consumers
in terms of quality, choice and value for money.

Annex
A
Oftel’s national
consultation procedures
Management of
public consultation
1. Written consultation
plays a crucial role in the way Oftel obtains views and information
from its stakeholders. There are, however, many other ways in which
views and information can be gathered, and Oftel remains alert to the
possibility of taking a more innovative approach to public consultation.
For example, Oftel considers that, on occasion, meetings can be used
to gather information and views more swiftly and efficiently than formal
written consultation.
2. Oftel will ensure
that, where appropriate, it identifies and meet with key stakeholders
at an early stage in the preparation of consultation documents. In many
instances, the existing industry fora, or sub groups reporting to them,
will provide an appropriate forum for early discussion of the issues.
Early discussion will ensure that public consultation is generally used
as a means to obtain the views of interested parties, and not merely
as a mechanism for making transparent Oftel’s internal thought processes.
However, Oftel also recognises that this function of making decisions
transparent is important, and where it identifies a preferred option
before engaging in public consultation this will be made plain when
a consultation document is published. Oftel will also ensure that statements
issued at the conclusion of a consultation exercise make clear what
account has been taken of the responses made to that consultation exercise.
3. Additionally,
Oftel will include on its website a rolling diary of events covering
the remainder of the Management Plan year. This will be updated weekly
to include provisional publication dates for consultation documents,
as well as the dates of other events being organised by Oftel. Where
appropriate, the diary will include additional information about the
issues to be consulted on and the expected target readership, and Oftel
hopes that this will make it easier for stakeholders to identify those
issues in which they have a particular interest and on which they may
wish to respond.
4. When a consultation
document or statement is published Oftel will also ensure that the date
of publication is included on the electronic copy of document and that
each document is given a short, but descriptive, title.
5. Oftel will also
make copies of consultation documents available on disk, so that individuals
with computer access can access the information in the format most convenient
to themselves. Oftel will also maintain arrangements with organisations
providing transcription services so that formats such as large print,
Braille and audiocassette can be made available on request. Oftel is
mindful of the needs of disabled people, and of its own legal responsibilities
under the Disability Discrimination Act 1995, and will, of course, continue
to make reasonable adjustments to its practices to ensure that disabled
people are not discriminated against.
General consultation
on regulatory policy and market competitiveness
6. Where not covered
by statutory consultation requirements, Oftel will allow stakeholders
to have at least 12 weeks to respond to consultations. However, where
necessary, a period of less than 12 weeks will be allowed where, for
example, key stakeholders have been contacted, and there is general
agreement that 12 weeks is too long. On each such occasion, before publishing
the consultation document, Oftel will give stakeholders reasonable notice
of its intention, providing an explanation for the proposal to allow
a reduced consultation period, and will consider any comments on the
proposal. These proposals will be published on Oftel’s web site and
will be notified to those on Oftel’s e-mail notification list. (Stakeholders
which wish to be included on, or deleted from Oftel’s e-mail notification
list, should visit the Whats New section of Oftel’s website www.oftel.gov.uk/whats_new/index.htm.).
7. Oftel will also
apply shorter consultation periods in circumstances such as where delay
is likely to cause significant customer detriment or where the issues
are subject to a series of linked consultations or where urgent regulatory
intervention is required to resolve a serious breakdown in negotiations
between opposing interests.
Comments-on-comments
8. Where followed,
the length of time allowed for formal comments-on-comments in relation
to consultations on regulatory policy or market competitiveness will
vary from case to case, depending on the expected volume and complexity
of responses and the urgency of the issue. Additionally, Oftel will
publish copies of all non-confidential responses to consultation documents
on its website. Paper copies will also be made available at Oftel’s
offices.
Consultation
which precedes the making of determinations in respect of Significant
Market Power, Market Analysis and Universal Service
9. Oftel will adopt
the minimum timescales set out in the Framework Directive, which is
for a period of one month.
10. Oftel will consult
informally on policy proposals before starting the formal consultation
process in only the most exceptional of circumstances. Oftel believes
that, when a full market review has been carried out, it would be unnecessarily
time consuming to add a further layer of consultation before beginning
the formal process.
Consultation
which precedes the making of directions, approvals, consents and other
kinds of similar determinations
11. The legal power
to give directions, consents and approvals under conditions, set under
section 45 of the Act, is set out in section 49 of the Act (or section
60 of the Act for modifications of documents referred to in the numbering
conditions). Oftel notes that such directions, approvals and consents
are almost always preceded by commercial contact between the parties
and, subsequently, detailed discussion or exchange of correspondence
with Oftel. As a consequence, the practice of issuing a draft determination
or direction is usually intended to allow the precise details and form
of the determination or direction to be commented upon, rather than
the broader policy objective debated.
12. Oftel therefore
considers that a month consultation period should suffice to allow the
parties to comment, and therefore Oftel will allow one month for comments
to be made on Oftel’s proposed decisions to issue directions, approvals
and consents (as required by section 49(5) and 60(4) of the Act).
13. It is not envisaged
that a further formal period of 14 days, for comments-on-comments, will
generally be built into the process for making directions and determinations
of this kind. In exceptional instances where, for example, the issue
is expected to be particularly contentious and subject to opposing views
from different stakeholder groups, and an iterative approach is expected
to be productive, Oftel may specify a formal period for comments-on-comments;
this will be made plain when the draft determination or direction is
issued. Whether each such determination is preceded by a wider consultation
on the issues involved, will depend on whether the making of the determination
necessarily involves significant development of regulatory policy. It
is likely that, in most instances, this will not be the case.
Dispute resolution
14. Oftel’s approach
in respect of dispute resolution is set out in its joint statement with
the RA, Dispute Resolution under the new EU Directives, published
on 28 February 2003. This statement is available on Oftel’s website
at: http://www.oftel.gov.uk/publications/eu_directives/2003/eud0203.htm
Public and industry
meetings
15. Oftel will host
an Oftel forum at approximately three-monthly intervals, and will host
issue-specific meetings, such as the Implementation of Directives Stakeholders
Group, the Oftel Internet Forum and the Numbering Forum, where appropriate.
Additionally, Oftel will meet with service providers on an ad-hoc basis
as and when issues arise.
16. Oftel will explore
a wide variety of consultation techniques, with a view to ensuring that
public consultation remains an effective and transparent means of achieving
Oftel’s goal of the best deal for consumers in terms of quality, choice
and value for money.


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