Contents

The Draft Determination

Annex A – list of central and local government departments

Consultation

Summary

DRAFT DETERMINATION UNDER CONDITION 19.1 OF ALL PTO LICENCES, Condition 23.1 of the licence granted to National Transcommunications Limited and Condition 6.1 of the licence granted to Crown Castle UK Limited

WHEREAS:

A. the Secretary of State for Trade and Industry (the "Secretary of State") has granted under section 7 of the Telecommunications Act 1984 as amended by the Electronic Communications Act 2000 (the "Act") the following licences-

i. all those licences granted to particular persons for the running of telecommunications systems which the Secretary of State has designated by order under section 9 of the Act as public telecommunications systems, which shall be taken to include licences granted to British Telecommunications plc (see S.I. 1999 No. 2453), Kingston Communications (Hull) PLC (see S.I. 1999 No. 2455) and any other persons operating under the fixed voice telephony and international facilities operator licences (see S.I. 1999 No. 2451), the cable and local delivery operator licences (see S.I. 1999 No. 2454), and the mobile licences (see S.I. 1999 No. 2452), and any other such licences granted after the coming into force of this Determination and the aforementioned Regulations and subject to substantially the same terms and conditions as the aforementioned licences (the "PTO licences");

ii. the licence granted to National Transcommunications Limited on 20 December 1990 (‘the National Transcommunications licence’);

iii. the licence granted to Crown Castle UK Limited on 23^rd January 1997 (‘the Crown Castle licence’

B. Condition 19.1 of the PTO licences provides that the Licensee shall, after consultation with the authorities responsible for Emergency Organisations and such departments of central and local government as the Director may from time to time determine and whose names are notified to the Licensee by him for the purpose, make plans or other arrangements for the provision or, as the case may be, the rapid restoration of such telecommunication services as are practicable and may reasonably be required in Emergencies;

C. Condition 23.1 of the National Transcommunications licence and Condition 6.1 of the Crown Castle licence provide that the Licensee shall, if requested by the authorities responsible for Emergency Organisations and such departments of central and local government as the Director may from time to time determine and whose names are notified to the Licensee by him for the purpose, make plans or other arrangements for the provision or, as the case may be, the rapid restoration of such telecommunication services as are practicable and may reasonably be required in an Emergency;

D. the Director is minded to make a determination under Condition 19.1 of the PTO licences, Condition 23.1 of the National Transcommunications licence and Condition 6.1 of the Crown Castle licence specifying an up to date list of departments of central and local government to reflect the changes in responsibilities and titles of departments and central, local and unitary authorities and the creation of new local and central government departments;

E. in making this Determination, the Director General has taken into account representations and observations received as part of the consultation process, and the matters described in the Explanatory Memorandum to this Determination; and

NOW, THEREFORE, THE DIRECTOR GENERAL, PURSUANT TO CONDITION 19.1 OF THE PTO LICENCES, CONDITION 23.1 OF THE NATIONAL TRANSCOMMUNICATIONS LICENCE AND CONDITION 6.1 OF THECROWN CASTLE LICENCE HEREBY DETERMINES THAT:

1. for the time being the departments of central and local government which are to be consulted by the Licensee for the purposes of Condition 19.1, and who may request the Licensee under Condition 23.1 of the National Transcommunications licence and Condition 6.1 of the Crown Castle licence to make the plans or other arrangements specified, are those departments which are listed at Annex A to this Determination.

2. all earlier determinations made under Condition 19.1 of the PTO licences, Condition 23.1 of the National Transcommunications licence and Condition 6.1 of the Crown Castle licence are hereby revoked.

DAVID EDMONDS

DIRECTOR GENERAL OF TELECOMMUNICATIONS

2002

Annex A – List of Central and Local Government Departments

A.1 Central Government

A.1.1 Cabinet departments

Cabinet Office
Department for Culture, Media and Sport (DCMS)
Department for Education and Skills (DfES)
Department for Transport (DfT)
Office of the Deputy Prime Minster (OoDPM)
Department of Health (DoH)
Department for International Development
Department for Work and Pensions
Department of Trade and Industry (DTI)
The Foreign and Commonwealth Office (FCO)
Her Majesty's Treasury
Home Office
Lord Chancellor's Department
Department of Environment, Food & Rural Affairs (DEFRA)
Ministry of Defence (MOD)
Northern Ireland Office (NIO)
The Scotland Office

A.1.2 Other Government Departments

Board of Inland Revenue (IR)
HM Customs and Excise
Forestry Commission
Office of Gas and Electricity Markets (OFGEM)
Office of Water Services (Ofwat)
The Wales Office

A.2 Northern Ireland

The Northern Ireland Executive
Office of the First Minister and Deputy First Minister
Department of Agriculture and Rural Development (DARD)
Department for Regional Development
Department of Health, Social Services and Public Safety

A.3 Scotland

The Scottish Executive Office
Scottish Executive Health Department
Scottish Executive Rural Affairs Department

A.4 Wales

National Assembly for Wales

A.5 Local Government

A.5.1 London Boroughs

Bexley Council
Corporation of the City of London
Local Authorities Coordinators of Regulatory Services
London Borough of Barking & Dagenham
London Borough of Barnet
London Borough of Brent
London Borough of Bromley
London Borough of Camden
London Borough of Croydon
London Borough of Ealing
London Borough of Enfield
London Borough of Greenwich
London Borough of Hackney
London Borough of Hammersmith & Fulham
London Borough of Haringey
London Borough of Harrow
London Borough of Havering
London Borough of Hillingdon
London Borough of Hounslow
London Borough of Islington
London Borough of Lambeth
London Borough of Lewisham
London Borough of Merton
London Borough of Newham
London Borough of Redbridge
London Borough of Richmond upon Thames
London Borough of Southwark
London Borough of Sutton
London Borough of Tower Hamlets
London Borough of Waltham Forest
London Borough of Wandsworth
London Borough of Westminster
Royal Borough of Kensington & Chelsea
Royal Borough of Kingston upon Thames

A.5.2 England: Metropolitan Councils

Barnsley Metropolitan Borough Council
Birmingham City Council
Bolton Metropolitan Borough Council
Bradford, City of
Bury Metropolitan Borough Council
Calderdale Metropolitan Borough Council
Coventry City Council
Doncaster Metropolitan Borough Council
Dudley Metropolitan Borough Council
Gateshead Metropolitan Borough Council
Kirklees Metropolitan Borough Council
Knowsley Metropolitan Borough Council
Leeds City Council
Liverpool City Council
Manchester City Council
Newcastle upon Tyne City Council
North Tyneside Council
Oldham Metropolitan Borough Council
Rochdale Metropolitan Borough Council
Salford Metropolitan Borough Council
Sandwell Metropolitan Borough Council
Sefton Metropolitan Borough Council
Sheffield City Council
Solihull Metropolitan Borough Council
South Tyneside Metropolitan Borough Council
St Helens Metropolitan Borough Council
Stockport Metropolitan Borough Council
Tameside Metropolitan Borough Council
Trafford Metropolitan Borough Council
Wakefield Metropolitan District Council
Walsall Metropolitan Borough Council
Wigan Metropolitan Borough Council
Wirral Metropolitan Borough Council

A.5.3 England: County Councils

Bedfordshire County Council
Buckinghamshire County Council
Cambridgeshire County Council
Cheshire County Council
Cornwall County Council
Cumbria County Council
Derbyshire County Council
Devon County Council
Dorset County Council
Durham County Council
East Sussex County Council
Essex County Council
Gloucestershire County Council
Hampshire County Council
Hertfordshire County Council
Kent County Council
Lancashire County Council
Leicestershire County Council
Lincolnshire County Council
Norfolk County Council
North Yorkshire County Council
Northamptonshire County Council
Northumberland County Council
Nottinghamshire County Council
Oxfordshire County Council
Shropshire County Council
Somerset County Council
Staffordshire County Council
Suffolk County Council
Warwickshire County Council
West Sussex County Council
Wiltshire County Council
Worcestershire County Council

A.5.4 England: District Councils

Adur District Council
Alnwick District Council
Alyn & Deeside District Council
Ashfield District Council
Aylesbury Vale District Council
Bassetlaw District Council
Berwick upon Tweed District Council
Braintree District Council
Bridgnorth District Council
Bromsgrove District Council
Cannock Chase District Council
Caradon District Council
Chiltern District Council
Craven District Council
Derwentside District Council
Dover District Council
Easington District Council
East Cambridgeshire District Council
East Dorset and Wimborne District Council
East Hertfordshire District Council
East Lindsey District Council
East Northamptonshire District Council
Eden District Council
Epping Forest District Council
Fenland District Council
Forest Heath District Council
Forest of Dean District Council
Hambleton District Council
Harborough District Council
Harlow District Council
Hart District Council
Horsham District Council
Huntingdonshire District Council
Kennet District Council
Kerrier District Council
Lewes District Council
Lichfield District Council
Maldon District Council
Malvern Hills District Council
Mansfield District Council
Mendip District Council
Mid Bedfordshire District Council
Mid Devon District Council
Mid Suffolk District Council
Mid Sussex District Council
Mole Valley District Council
New Forest District Council
Newark & Sherwood District Council
North Cornwall District Council
North Devon District Council
North Dorset District Council
North East Derbyshire District Council
North Hertfordshire District Council
North Kesteven District Council
North Norfolk District Council
North Shropshire District Council
North West Leicestershire District Council
North Wiltshire District Council
North East Lincolnshire Council
Penwith District Council
Purbeck District Council
Richmondshire District Council
Rochford District Council
Rother District Council
Ryedale District Council
Salisbury District Council
Sedgemoor District Council
Selby District Council
Sevenoaks District Council
Shepway District Council
South Bedfordshire District Council
South Bucks District Council
South Cambridgeshire District Council
South Derbyshire District Council
South Hams District Council
South Herefordshire District Council
South Holland District Council
South Kesteven District Council
South Lakeland District Council
South Norfolk District Council
South Northamptonshire Council
South Oxfordshire District Council
South Shropshire District Council
South Somerset District Council
South Staffordshire District Council
St Albans City & District Council
Staffordshire Moorlands District Council
Stratford on Avon District Council
Stroud District Council
Suffolk Coastal District Council
Tandridge District Council
Teesdale District Council
Teignbridge District Council
Tendring District Council
Thanet District Council
Three Rivers District Council
Tynedale District Council
Uttlesford District Council
Wansbeck District Council
Warwick District Council
Waveney District Council
Wealden District Council
Wear Valley District Council
Welwyn Hatfield District Council
West Dorset District Council
West Lancashire District Council
West Lindsey District Council
West Oxfordshire District Council
West Somerset District Council
West Wiltshire District Council
Woodspring District Council
Wychavon District Council
Wycombe District Council
Wyre Forest District Council

A.5.5 England: Unitary Authorities

Bath & North East Somerset Council
Blackburn with Darwen Borough Council
Blackpool Borough Council
Bournemouth Borough Council
Bracknell Forest Borough Council
Brighton & Hove Council
Bristol City Council
Darlington Borough Council
Derby City Council
East Riding of Yorkshire Council
Halton Borough Council
Hartlepool Council
Herefordshire Council
Isle of Wight Council
Kingston upon Hull City Council
Leicester City Council
Luton Borough Council
Medway Council
Middlesbrough Borough Council
Milton Keynes Borough Council
North East Lincolnshire Council
North Lincolnshire Council
North Somerset Council
Nottingham City Council
Peterborough Council
Plymouth City Council
Poole Borough Council
Portsmouth City Council
Reading Borough Council
Redcar & Cleveland Borough Council
Rutland County Council
Slough Borough Council
South Gloucestershire Council
Southampton Council
Southend on Sea Borough Council
Stockton on Tees Borough Council
Stoke on Trent, City of
Swindon Council
Telford and Wrekin Council
Thurrock District Council
Torbay Borough Council
Warrington Borough Council
Royal Borough Council
Wokingham District Council
York City Council

A.5.6 Northern Ireland

Antrim Borough Council
Ards Borough Council
Armagh City & District Council
Ballymena Borough Council
Ballymoney Borough Council
Banbridge District Council
Belfast City Council
Carrickfergus Borough Council
Castlereagh Borough Council
Coleraine Borough Council
Cookstown District County Council
Craigavon Borough Council
Derry City Council
Down District Council
Dungannon District Council
Fermanagh District Council
Larne Borough Council
Limavady Borough Council
Lisburn Borough Council
Magherafelt District Council
Moyle District Council
Newtownabbey Borough Council
North Down Borough Council
Omagh District Council
Strabane District Council

A.5.7 Scotland

Aberdeen City Council
Aberdeenshire Council
Angus Council
Argyll and Bute Council
Clackmanannshire Council
Comhairle nan Eilean Siar (Formerly Western Isles Council)
Dumfries and Galloway Council
Dundee City Council
East Ayrshire Council
East Dunbartonshire Council
East Lothian Council
East Renfrewshire Council
Edinburgh City Council
Falkirk Council
Fife Council
Glasgow City Council
Highland Council
Inverclyde Council
Midlothian Council
Moray Council
North Ayrshire Council
North Lanarkshire Council
Orkney Islands Council
Perth and Kinross Council
Perth & Kinross District Council
Renfrewshire Council
Scottish Borders Council
Shetland Islands Council
South Ayrshire Council
South Lanarkshire Council
Stirling Council
West Dumbartonshire Council
West Lothian Council

A.5.8 Wales

Blaenau Gwent County Borough Council
Bridgend Council
Caerphilly County Borough Council
Cardiff County Council, The City and County Of
Carmarthenshire County Council
Ceredigion County Council
Conwy County Borough Council
Denbighshire County Council
Flintshire County Council
Gwynedd Council
Isle of Anglesey County Council
Merthyr Tydfil County Borough Council
Monmouthshire County Council
Neath & Port Talbot County Borough Council
Newport City Council
Pembrokeshire County Council
Powys County Council
Rhondda - Cynon - Taff County Borough Council
Swansea (City & County of)
Torfaen County Borough Council
Vale of Glamorgan Council
Wrexham County Borough Council

E1…Condition 19.1 of all Public Telecommunication Operator (PTO) licences requires the Licensee to make plans or other arrangements for the provision or the rapid restoration of such telecommunication services as are practicable and may reasonably be required in Emergencies. Prior to making such plans or arrangements, the Licensee is required to consult with the authorities responsible for Emergency Organisations and such departments of central and local government as the Director General of Telecommunications (the ‘Director’) may from time to time determine and whose names are notified to the Licensee by him for the purpose.

E2. The Director is minded to make a determination under Condition 19.1 of all PTO licences that the central and local government departments with whom the Licensee is required to consult under Condition 19.1 shall be those listed at Annex A to this draft Determination. All previous determinations made under Condition 19.1 would be revoked if the Director makes the determination and therefore the new list would replace all earlier lists contained in previous determinations.

E3. The Director is minded to make this draft Determination due to changes in responsibilities and the titles of departments and central, local and unitary authorities and the creation of new local and central government departments. The Director therefore considers it appropriate that a new list of such departments should be determined. .

Consultation

C1 The draft determination under Condition 19.1 of all PTO licences, Condition 23.1 of the National Transcommunications licence and Condition 6.1 of the Crown Castle licence is being made available in this document to all licensees and interested parties, together with the Director General’s reasons, so that they may have a reasonable opportunity to make representations. Having considered any such representations, the Director General will, if appropriate, make the determination and will notify the licensees and interested parties of that determination and his reasons for making it. Any representations should be sent to:

Julia Bradford
Oftel
50 Ludgate Hill
London EC4M 7JJ

Telephone: 020 7634 8838
Fax: 020 7634 8947

e-mail: julia.bradford@oftel.gov.uk

C2 Further copies of this consultation document can be printed from Oftel’s website. Paper copies may also be obtained from Oftel’s Research and Intelligence Unit. Oftel has arrangements in place with organisations providing transcription services, and large print, Braille and audio cassettes can be made available on request. Copies are also available on computer disc so that stakeholders without Internet access may create their own large print copies.

C3 Representations must arrive at Oftel no later than 28 November 2002. All non-confidential representations will be published. If any part of your representation is confidential, and not for publication, please include this in a separate annex and ensure that it is clearly marked as confidential. In the interests of transparency, please avoid confidentiality markings wherever possible. It would be helpful if representations could be delivered by e-mail. However, copies may also be posted or faxed to the address above. If any stakeholders are unable to supply their comments in one of these ways they should contact Julia Bradford to discuss alternatives.

C4 Oftel does not plan on this occasion to allow a further period during which observations may be made on the representations made by others. Nevertheless, in the interests of transparency, all non-confidential representations will be published.

C5 Representations will be accessible via a link created on the title page of the electronic text of this document. This can be found in the Publications section of Oftel’s website under the classification Licensing and Enforcement Actions. Paper copies of representations will also be made publicly available in Oftel’s Research and Intelligence Unit. Appointments to view written comments in this way, which must be made in advance, may be arranged by phoning: 020 7634 8761 (fax: 020 7634 8946).