A consultation issued by the Director General of Telecommunications on the draft general conditions of entitlement to provide electronic communciations networks and electronic communications services

Contents

Summary

Chapter 1 Introduction

Chapter 2 Approach to drafting the general conditions

Chapter 3 Explanation of the draft general conditions

Condition 1 General access and interconnection obligations

Condition 2 Standardisation and specified interfaces

Condition 3 Proper and effective functioning of the network

Condition 4 Emergency call numbers

Condition 5 Use during disasters

Condition 6 Public pay telephones

Condition 7 Must-carry obligations

Condition 8 Operator assistance, directories and directory enquiry facilities

Condition 9 Requirement to offer contracts

Condition 10 Transparency and publication of information

Condition 11 Quality of service

Condition 12 Metering and billing

Condition 13 Itemised bills

Condition 14 Non-payment of bills

Condition 15 Codes of Practice and dispute resolution

Condition 16 Controlled Premium Rate Services

Condition 17 Use of automatic calling equipment

Condition 18 Special measures for end users with disabilities

Condition 19 Provision of additional facilities

Condition 20 Allocation and adoption of telephone numbers

Condition 21 Number portability

Condition 22 Provision of directory information

Condition 23 Non-geographic numbers

Annex 1 The Annex to the Authorisation Directive

Annex 2 Cross-reference table

Annex 3 Definitions and the draft general conditions

Summary

S.1 This consultation document concerns the replacement of the current licensing regime for telecommunications companies with a new approach based on a general authorisation to offer electronic communications networks and services. This change is required to implement the new EC Directives. Comments are requested by 13 September 2002. The implementation date for the new regime is 25 July 2003.

S.2 The four new EC Communications Directives entered into force on 24 April 2002 and require the repeal of the current licensing regime for telecommunications systems in the UK under the Telecommunications Act 1984. The key change is that the need to obtain a licence prior to operating a telecommunication system is to be replaced by a general authorisation to provide electronic communications networks and services.

S.3 It is not intended that this change of approach should by itself lessen the obligations placed on providers of networks and services under existing licences. Licence conditions are thus to be replaced by a combination of general conditions applicable to all communications providers (or all communications providers of a particular type) and specific conditions to be set and applied to specific communications providers, for example where they have significant market power or have universal service obligations.

S.4 The types of general and specific conditions which may be imposed on communications providers are strictly limited by the terms of the new Directives. The Annex to the new Authorisation Directive (at Annex 1 to this document) in particular provides a maximum list of general conditions which may be attached to a general authorisation (part A), the right to use radio frequencies (part B) and the right to use numbers (part C). This consultation document sets out Oftel’s initial draft of the general conditions to be imposed upon providers of electronic communications networks and electronic communications services under parts A and C of the Annex to the Authorisation Directive. Conditions under part B of the Annex will be addressed by the Radiocommunications Agency.

S.5 The new regime required by the EC Directives is intended to be implemented in the UK by the draft Communications Bill, which was published jointly by the Departments for Trade & Industry and Culture, Media and Sport on 7 May 2002 (see www.communicationsbill.gov.uk). This Oftel consultation document should be read in conjunction with the draft Communications Bill and the Policy Narrative which accompanies it, as the Bill sets out the framework within which the proposed general conditions will apply. While Oftel is carrying out this consultation, it is intended that the new Office of Communications (OFCOM) will be the relevant national regulatory authority for the regulation of electronic communications networks and services once the Communications Bill has entered into force. Part 2 Chapter 1 of the Communications Bill permits OFCOM to set conditions which are binding on communications providers in line with the requirements of the new Directives.

S.6 Given that the EC Directives are required to be implemented so as to come into force on 25 July 2003, it may not be practical to rely solely on the Communications Bill achieving Royal Assent before that date. It may therefore be necessary to carry out the implementation to some degree through regulations made under the European Communities Act (ECA). The Government will make known its intended approach to this issue as soon as possible. There will be full consultation on any ECA regulations proposed for this purpose. However the draft Communications Bill as now published contains all the provisions necessary for the transposition into UK law of the four Directives already in force, excepting only resolution of disputes between communications providers. Oftel understands that provisions with respect to dispute resolution will appear in the next draft of the Communications Bill.

S.7 The proposed general conditions at Annex 3 to this consultation document have been drafted to apply appropriate regulation reflecting the obligations required by the new EC Directives as closely as possible. The language used in the Communications Bill has been incorporated into the definitions of terms. While there are similarities between many of the proposed general conditions and current standard licence conditions, all existing licence conditions have been reviewed and reassessed in light of the new framework. Unless otherwise required by the new Directives or the Communications Bill, Oftel has attempted to reflect current policy in the general conditions.

S.8 Consistent with the objective of appropriate regulation, it is clear that the general authorisation coupled with one set of general rules represents a major clarification and simplification of the existing regime for the benefit of both communication providers and consumers.

S.9 While general comments on the proposed general conditions are welcomed, Oftel has attempted, throughout this document, to draw attention to where there is flexibility under the new regime in relation to a particular obligation, or where Oftel is proposing a change from current practices. Oftel would find comments on these provisions particularly helpful. Details for how to respond to this document can be found at page 21.

Chapter 1

Introduction

1.1 Under the current regulatory regime, anyone running a telecommunications system in the UK must have a licence to do so. The licence sets out the rules, or ‘conditions’, which apply. The requirement to have a licence comes from the Telecommunications Act 1984.

1.2 This consultation is on the new set of rules, the ‘general conditions of entitlement’, that will apply to all providers of electronic communication networks and electronic communication services upon entry into force of the draft Communications Bill, which was published on 7 May 2002. The Communications Bill, which will implement the new European Community (EC) Communications Directives in the UK, is currently subject to a consultation being conducted jointly by the Department of Trade & Industry and the Department for Media, Culture & Sport (see www.communicationsbill.gov.uk). Oftel is carrying out this separate consultation because these general conditions will replace, for the most part, the licence conditions under which organisations currently operate under a Telecommunications Act 1984 licence. However, once the Communications Bill enters into force, the regulation of electronic communications networks and services will fall to a new regulator, OFCOM. Its role (amongst other things) will be to set, administer and enforce the general conditions.

Why is this consultation required?

1.3 New rules are required due to the entry into force of the four new EC Communications Directives on 24 April 2002 which seek to further converge and harmonise communication regulation throughout the Community. These Directives require the UK to change the way electronic communications networks and services are currently regulated from 25 July 2003. The new Directives are:

• 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)
• 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)
• 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)
• 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)

This document focuses mainly on the changes required by the Authorisation Directive, but the general conditions do implement provisions in the other Directives and where this is the case this is indicated below.

Scope of the new EC Directives

1.4. The new Directives are broader in scope than previous EC legislation in that they apply to ‘electronic communications’ as opposed to ‘telecommunications’. The obligations contained in the new Directives are intended to apply to the provision of an electronic communications network, or an electronic communications service, or an associated facility (see clause 22 of the Communications Bill for definitions of these terms). This broader approach means that traditional distinctions between, for example, licensed network operators and unlicensed resellers (or ‘systemless service providers’) no longer apply. Resellers will, in general, be providing electronic communication services, and therefore will be subject to the same regulatory regime as those existing network operators who are also providing electronic communication services. Further, providers of electronic communication networks and services which go beyond voice telephony (eg internet service providers) will all be subject to the same framework. All providers of communications networks or services will be known as ‘communications providers’ in the UK.

The ‘general authorisation’

1.5. The Authorisation Directive requires Member States to put in place a ‘general authorisation’ to provide electronic communication networks and services by 25 July 2003. To say that a person is generally authorised to provide networks and services means that they may provide those networks or services without requiring any explicit decision from the Member State. This requires a fundamental change from the existing regime which prohibits the running of a telecommunication system without a licence.

1.6 The current Telecommunications Act 1984 system of individual and class licences is inconsistent with the notion of general authorisation because it requires a specific legal entitlement to be granted (in the form of a licence) prior to the provision of a network or service. Hence the current licensing regime has to be repealed and replaced with a new regime on 25 July 2003. From this date, all licences will be revoked. Neither individual or class licences granted under the Telecommunications Act 1984 will be allowable or enforceable. The abolition of telecommunication licences has many implications, not least of which are:

• distinctions between different classes of licence (eg ‘public telecommunication operator’ or ‘PTO’ as opposed to ‘telecommunications services licence’ or ‘TSL’) will no longer apply;
• it is no longer necessary to link the authorisation to provide a communication service to an ‘Applicable System’ – a communication service can be provided over any electronic communication network (be it fixed, mobile, cable etc.); and
• all conditions which have been imposed on network and service providers to date via their licences will be repealed.

1.7 In the UK, the general authorisation is intended to be implemented by the absence of a specific prohibition on the ability to provide networks or services. The Communications Bill will repeal the Telecommunications Act 1984 to the extent that the Telecommunications Act 1984 creates the offence of providing a telecommunications system without a licence. Licence conditions will be replaced by the general conditions (to which this consultation relates) and additional specific obligations directed at individual undertakings. Consistent with the objective of appropriate regulation, it is clear that the general authorisation coupled with one set of general rules represents a major deregulatory step for the benefit of both communication providers and consumers.

Limited regulation of networks and services

1.8 The Authorisation Directive acknowledges a need for the protection of consumers through the continued application of regulation to the provision of electronic communication networks and services. However, any such regulation must be objectively justified, proportionate and non-discriminatory. Under the Authorisation Directive, those authorised to provide networks and services may only be subject to the specific or general obligations allowable under and provided for in each of the Directives. Specific conditions can be imposed on individual communications providers as a result of:

1) a significant market power (SMP) designation following market review;

2) a universal service designation; or

3) the provision of conditional access services, or the provider’s control of access to end users (these are called ‘access-related conditions’ in the Communications Bill).

These specific obligations will be imposed separately and in addition to the general conditions. They are not addressed by this consultation, and will be consulted on later as part of the process of implementing the new Directives.

1.9 Unlike individual specific conditions, the general conditions will apply to ALL communications providers, or all communications providers of a particular type, depending on the nature of the obligation (eg a condition may specifically apply only to providers of publicly available telephone services). The Annex to the Authorisation Directive (Annex 1 to this consultation document) sets out a "maximum list" of conditions which may be attached to a general authorisation (Part A), the right to use radio frequencies (Part B) and the right to use numbers (Part C). The general conditions must therefore be imposed in accordance with the Annex and the relevant provisions of the Directives. This consultation sets out proposed general conditions under Parts A and C of the Annex. Conditions to be attached to the right to use radio frequencies (Part A(17) and Part B) will be addressed by the Radiocommunications Agency (see paragraph 1.11 below).

1.10 OFCOM is given the power to set general conditions in accordance with Parts A and C of the Annex to the Authorisation Directive in clauses 35 to 49 of the Communications Bill. These clauses limit the subject matter of the general conditions which may be imposed, and also allow conditions to be set which require compliance with directions, are conditional upon consent or approval, or provide for a determination to be made (clause 35(9)).

Authorisation of use of radio frequencies under the new Directives and Communications Bill

1.11 The Authorisation Directive requires national regulatory authorities to make the grant of rights of use of radio frequencies subject to general authorisation wherever the risk of harmful interference is negligible. However, individual licences may still be issued where necessary.

1.12 The Wireless Telegraphy Act 1949 already contains a provision for regulations exempting radio spectrum uses from requiring a licence, and the Communications Bill will compel exemption regulations to be made if the spectrum uses in questions are not likely to involve ‘undue’ (ie harmful) interference. The conditions to which such exemption may be subjected fall within condition 17 of Part A of the Annex to the Authorisation Directive and would appear to meet the requirements of that Directive. Where individual licences for the use of radio frequencies are issued, the conditions attached to the licence shall conform to the list of conditions in Part B of the Annex to the Authorisation Directive.

1.13 Entitlement to use radio frequencies will remain within the remit of the Radiocommunications Agency until the creation of OFCOM, whereupon relevant powers and duties will be transferred to the new regulator. The Radiocommunications Agency will separately be issuing further guidance about implementation of the European package for radio frequency matters on its website www.radio.gov.uk. This consultation document does not otherwise address general conditions for the use of radio frequencies.

Possible need for an interim regime

1.14 Given the strict timing limitations for implementation set out in the new Directives (15 months from their publication ie by 25 July 2003), it is not yet clear whether the Communications Bill will enter into force before the Directives have to be transposed into UK law. It may therefore be necessary to carry out the implementation to some degree through regulations made under the European Communities Act (ECA). Such regulations would create an interim regime prior to OFCOM assuming responsibility, via the Communications Bill, as the national regulatory authority for the purposes of the Directives. While the detail of any interim regime has not yet been decided, it is anticipated that Oftel will be responsible for the setting and administration of the general conditions under Parts A (except conditions under condition 17 of Part A, and Part B entirely, which will be the responsibility of the Radiocommunications Agency) and C of the Annex to the Authorisation Directive should an interim regime be required. Accordingly, this consultation sets out Oftel’s initial views on the general conditions. The Government will make known its intended approach to this issue as soon as possible. There will be full consultation on any ECA regulations proposed for this purpose.

Chapter 2

Approach to drafting the general conditions

2.1 The starting point for drafting the new general conditions has been Oftel’s objectives, in particular appropriate regulation, as applied to the requirements of the relevant Articles of the Directives themselves and in particular the constraints of the Annex to the Authorisation Directive. The wording used in the Directives has provided a basis for the draft general conditions, and where certain terms have been defined in the Communications Bill, these definitions have been incorporated into the draft conditions.

Removal of existing obligations

2.2 All current individual and class licences have been reviewed to determine which existing obligations are appropriate to be carried forward into general conditions and which must fall away. The constraints of the Authorisation Directive have required the complete removal of many existing obligations on all communications providers, in that many licence conditions will not be replaced by similar general conditions of entitlement. Wherever possible, unnecessary obligations have been removed.

Correlation between existing and new obligations

2.3 Many obligations required by the new Directives are similar to obligations which applied under previous Directives. Similar wording and structure to current licence conditions has been used where appropriate for the purposes of continuity and where this complies with the new framework.

2.4 To assist in understanding the move from the current regime to the new obligations, a cross-reference table has been created (Annex 2). The first column lists the current obligations contained in the standard fixed and mobile public telecommunication operator licence. The second column identifies whether the requirement continues to apply or has been removed. If it remains applicable, it lists the new general condition most similar to the current condition. Where no general condition exists, a similar obligation may be featured elsewhere in the new regime (eg it may be a specific condition or exist on the face of the Communications Bill). It should be noted that these are the Director’s initial views issued for consultation. It must also be stressed that the existence of a new general condition next to a current licence condition does not necessarily represent an ‘exact fit’. No general condition is exactly the same as a previous licence condition. This is because all the general conditions, whether new or similar to existing obligations, have been drafted in an attempt to remove any unnecessary wording and complicated structure in order to make them easier to understand without losing legal certainty.

2.5 The Authorisation Directive requires that the general conditions shall not duplicate any obligation which applies by virtue of existing national legislation. Oftel believes that the general conditions proposed by this consultation document comply with this requirement, however we would invite any comments on this.

Chapter 3

The draft general conditions

3.1 The remainder of this document provides a brief commentary on each proposed general condition, including how the condition fits within the terms of the Annex to the Authorisation Directive and the Communications Bill. The proposed draft general conditions are at Annex 3 of this consultation document (with relevant definitions of terms either at Part 1 of the Schedule at Annex 3, if used more than once, or where only used once, at the end of the condition to which they relate).

Condition 1: General access and interconnection obligations

3.2. This condition obliges providers of public electronic communications networks to negotiate interconnection agreements with each other. It also imposes restrictions on the use or passing on of confidential information obtained by a communications provider during access or interconnection negotiations.

3.3 Article 4(1) of the Access Directive requires all operators of a public electronic communications network to be given the right and the obligation to negotiate interconnection with each other. Currently, those communications providers who have been granted ‘Annex II’ status are able and obliged to negotiate interconnection with each other, however, under the new regime, Annex II status will no longer exist. In practice, it could be said that the category of ‘providers of a public electronic communications network’ replaces Annex II status. However, ‘provision of a public electronic communications network’ is a wider concept than that envisioned by the restrictive Annex II criteria currently in place. Later this year, Oftel will publish some initial guidance on who will qualify as a ‘provider of a public electronic communications network’, and the transition from the present Annex II regime. Oftel understands that the next publication of the Communications Bill will address procedures for the resolution of disputes relating to access and interconnection between communications providers.

3.4 This condition is required to implement the obligations contained in Articles 4(1) and (3) of the Access Directive, and falls within conditions 3 and 14 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(b) of the Communications Bill.

Condition 2: Standardisation and specified interfaces

3.5 This condition requires all communications providers to take full account of any technical standards which are published in the Official Journal of the European Communities or, where no such standards have been published, other relevant international standards.

3.6 It is considered necessary to retain the ability for OFCOM to specify interconnection interface standards required for end to end interoperability. This obligation is currently contained in condition 16 of all public telecommunication operator licences. Although the Director has not yet had to make such a specification, Oftel wishes to encourage continued industry self-regulation with respect to standards for interconnection and sees this condition as important in providing such encouragement.

3.7 This condition is required to implement the obligations contained in Article 17 of the Framework Directive, and falls within conditions 3 and 18 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(b) and (h) of the Communications Bill.

Condition 3: Proper and effective functioning of the network

3.8 This condition requires communications providers to take all reasonably practicable steps to secure the proper and effective functioning of the public telephone network at fixed locations, including uninterrupted access to emergency organisations. Communications Providers operating a public telephone network may not unreasonably restrict access to the network on the basis of network integrity and network security.

3.9 This condition is required to implement the obligations contained in Article 23 of the Universal Service Directive, and falls within condition 15 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(c) of the Communications Bill.

Condition 4: Emergency call numbers

3.10 This condition requires all providers of publicly available telephone services to ensure that any end users of such services can access emergency organisations free of charge by dialling ‘999’ or ‘112’ (the latter being the ‘Europe-wide’ emergency number). It further requires providers of public telephone networks to ensure, where technically feasible, that caller location information is available to emergency organisations.

3.11 This condition is required to implement the obligations contained in Article 26 of the Universal Service Directive, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 5: Use during disasters

3.12 This condition requires all communications providers who operate a public telephone network or provide publicly available telephone services to agree arrangements with emergency organisations and other authorities to ensure the provision or restoration of networks and services in the event of disaster.

3.13 This condition falls within condition 12 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(f) of the Communications Bill.

Condition 6: Public pay telephones

3.14 It is proposed that all rules specific to public pay telephones appear in this condition. This condition requires that operator assistance, directory enquiry facilities and access to emergency services are accessible from all public pay telephones, and also requires certain basic information, including call charges, payment options and the location of the telephone to be displayed on or around all public pay telephones.

3.15 It is settled Oftel policy that providers of pay telephones on public land should be subject to certain additional obligations for the protection of consumers. Communications providers supplying pay telephones on public land are subject to additional requirements not to remove such pay telephones from public land without warning, and to provide certain facilities for the benefit of users with disabilities in specified percentages of such pay telephones. Providers of public pay telephones on public land in the City of Hull are subject to a lower percentage requirement for wheelchair-accessible public pay telephones. This is proportionate because there is a higher density of public pay telephones in Hull than in the rest of the UK.

3.16 This condition is required to implement the obligations contained in Articles 5(1)(b), 6, 7 and 26 of the Universal Service Directive (in conjunction with other general and specific conditions), and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 7: ‘Must-carry’ obligations

3.17 ‘Must-carry’ obligations, or obligations requiring certain channels or programmes to be provided to the public, may be imposed on broadcasting network operators where those networks are the principle means for a significant number of end users to receive radio and television. This condition requires those network operators to broadcast the programmes and services set out in the ‘must-carry list’ under clause 49 of the Communications Bill. This list may be revised by the Secretary of State for Culture, Media and Sport from time to time, and the Secretary of State may also set the terms, or direct OFCOM to set the terms, on which these programmes and services are to be broadcast.

3.18 This condition is required to implement the obligations contained in Article 31 of the Universal Service Directive, and falls within condition 6 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 49 of the Communications Bill.

3.19 This condition requires all providers of publicly available telephone services to ensure that any end users of such services can access operator assistance services and directory enquiry facilities. This condition is also needed to comply with Article 5(1)(a) of the Universal Service Directive, which requires at least one comprehensive directory (whether printed or electronic) to be available to all end users. It would be disproportionate, impractical and unworkable to require every home to be supplied with directories which list every telephone number throughout the United Kingdom. Oftel proposes therefore to maintain the current system which requires every operator of a public telephone network who is also a provider of publicly available telephone services to ensure the supply to their own subscribers of a directory for telephone numbers in their local area, which must be updated yearly. It is not required that each provider of telephone services to the public produce their own directory or directories. However, directories for all other areas in the UK must be made available to a subscriber on request. Communications providers are entitled to charge for such additional directories.

3.20 Providers of public pay telephones are excluded from the application of this condition because they are subject to their own specific requirements in relation to access to directory enquiry facilities by way of Condition 6: Public Pay Telephones (see paragraphs 3.14 to 3.16).

3.21 This condition is required to implement the obligations contained in Articles 5(1) and 25(1) and (3) of the Universal Service Directive, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 9: Requirement to offer contracts

3.22 This condition aims to protect end users by ensuring that they have a right to a contract for the provision of electronic communications services. Under the proposed condition, all communications providers offering electronic communication services to the public must, on the request of an end user, include a minimum set of terms in any contract for the provision of such services. Oftel proposes to apply the right to a contract containing a minimum set of terms to all end users (that is, both business and residential consumers) of all electronic communication services (eg access to internet services, not just access to the public telephone network), as allowed for in Articles 20(2) and (3) of the Universal Service Directive. Oftel is of the opinion that this is an appropriate measure to protect end users that should not place an additional burden on communication providers above what is currently being provided in practice. We would welcome comments on the application of this proposed obligation beyond communications providers of voice telephony services.

3.23 Article 20(4) of the Universal Service Directive requires that subscribers of communications services be allowed to withdraw from a contract for services without penalty where the communications provider proposes to modify the contract. Oftel proposes to limit this right of withdrawal to situations where the proposed modification is likely to detriment the subscriber. Oftel considers this to be an appropriate and proportionate interpretation and application of the Directive provision in the interests of end users, but would welcome comments.

3.24 This condition is required to implement the obligations contained in Article 20 of the Universal Service Directive, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 10: Transparency and publication of information

3.25 This condition aims to protect consumers by requiring all communications providers offering publicly available telephone services to publish clear and up to date information on those services and relevant prices. Providers of public pay telephones are excluded from the application of this condition because they are subject to transparency and publication requirements by way of Condition 6: Public Pay Telephones (see paragraph 3.14 to 3.16).

3.26 Article 21(2) of the Universal Service Directive requires national regulatory authorities to encourage the provision of information to enable end users to make an independent evaluation of the cost of alternative usage patterns. For this purpose, Oftel proposes to require communications providers to publish the relevant information on their own website, and to send a copy of the relevant information to any person who reasonably requests it. Oftel considers that a ‘reasonable request’ for the purposes of this condition would include a request for such information in order to create an interactive internet guide to prices for telephone services or to offer independent tariff comparison services to end users. The request must also be ‘reasonable’ to the extent that it does not place an onerous burden on the communications provider in providing the relevant information. For example, the requested format of the information, or the requested frequency of the provision of such information, must be reasonable. Comments on these proposals for publication are welcome.

3.27 This condition is required to implement the obligations contained in Article 21(1) and (2) of the Universal Service Directive, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 11: Quality of service

3.28 This condition requires quality of service information to be published and provided to OFCOM by communications providers offering electronic communication services to the public, but only where requested by OFCOM. OFCOM may only make such a request where they have first sought the views of communications providers. Oftel proposes to limit the application of this condition to those communications providers who have been in operation for at least 18 months. The reason for this limitation is to reduce the regulatory burden on recent new entrants, and is intended to take into account the fact that a communications provider in operation for a shorter period is unlikely to have the relevant information available. Oftel would welcome comments on whether these limitations are appropriate and proportionate.

3.29 This condition is required to implement the obligations contained in Article 22 of the Universal Service Directive, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 12: Metering and billing

3.30 This condition requires all providers of public electronic communication services to maintain their metering and billing systems so as to ensure the accuracy of bills to their end users. These providers are also required to retain any records which are used in the creation of end user bills for 15 months – this is a change from the previous public telecommunication operator licence condition which referred to 2 years. Oftel proposes that 15 months is sufficient for establishing accuracy over an appropriate period of time and the effective operation of its Metering and Billing Scheme. We welcome comments on this point given that this obligation will apply to all providers of public electronic communication services to end users, not just providers of voice telephony services.

3.31 The Oftel Metering and Billing Scheme protects consumers by ensuring, as far as possible, that bills are accurate. At present, this Scheme applies to all providers of public telephone networks or publicly available telephone services which generate in excess of £1 million annual revenue form voice telephony services. Oftel is not proposing to extend the application of the Metering and Billing Scheme beyond that which is currently in place, and will consult in future should any extension be anticipated. This condition incorporates the current Metering and Billing Scheme, in that failure to comply with that Scheme where required will result in a communications provider being in breach of this condition. Breach of a general condition may lead to an enforcement action being brought by OFCOM under clauses 74 to 81 of the Communications Bill. It is anticipated that the Metering and Billing Scheme will be continued by OFCOM. The draft condition attempts to more accurately reflect the operation of the Metering and Billing Scheme than the current equivalent telecommunication licence conditions.

3.32 This condition reflects current Oftel policy for protection of end users, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 13: Itemised bills

3.33 Oftel considers that in order to protect end users, this obligation should apply as a general condition on all providers of publicly available telephone services. Oftel is of the opinion that the requirements of this condition reflect good practice and should not add any regulatory burden as they do not go beyond what is currently being offered by virtually all providers of publicly available telephone services (both fixed and mobile). Specific provision has been made for the exemption of pre-paid services and calls to helplines. Oftel welcomes comments on the proposed application of this general condition.

3.34 This condition falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 14: Non-payment of bills

3.35 This condition aims to protect end users by requiring providers of publicly available telephone services to end users at a fixed location to comply with specific requirements prior to disconnecting any such services or imposing any penalty payment due to the non-payment of a telephone bill. Oftel considers this obligation should apply beyond communications providers designated with universal service obligations, as allowed by Article 29(3) of the Universal Service Directive. Disconnection of a home telephone should be a last resort. This accords with current policy and practice.

3.36 The measures to be taken by a communications provider leading up to disconnection must also be published. Oftel proposes two methods of publication to satisfy this requirement: sending a copy of the information to a subscriber on request; and putting the information on the communications provider’s website. The final method goes beyond what is currently required in the equivalent PTO licence condition, but Oftel considers it to be an appropriate measure to protect end users and encourage transparency of information. Comments on this proposal are welcome.

3.37 This condition falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 15: Codes of practice and dispute resolution for relevant customers

3.38 This condition requires all providers of public electronic communication services to establish or comply with approved codes of practice and dispute resolution procedures for the benefit of ‘domestic and small business customers’ (see the definition at the end of the draft condition).

3.39 Article 34 of the Universal Service Directive requires that transparent, simple and inexpensive out-of-court dispute resolution procedures are available to consumers. This condition reflects current policy on consumer dispute resolution as set out in clauses 39 to 42 of the Communications Bill. Oftel’s policy is that communications providers should voluntarily establish or sign up to an approved consumer dispute resolution scheme. However, where no such schemes exist, Oftel has the ability to establish its own scheme where necessary. It is intended that the Telecommunications Ombudsman Scheme, recently established by an industry working group in consultation with consumer bodies, will provide an appropriate consumer dispute resolution mechanism for communications providers for the purposes of this condition.

3.40 Compliance with approved codes of practice is a new policy initiative by Oftel which stems from proposals set out in the Communications White Paper. Similar to dispute resolution procedures, it is intended that communications providers should establish their own codes of practice for the handling of their relationship with and complaints received from their customers, which will then be submitted to OFCOM for approval. However, where no such code exists, OFCOM retains the ability to require communications providers to comply with the provisions of a code approved or established by OFCOM. Codes of practice for dealing with complaints received from domestic and small business customers are specifically provided for in clause 39(4) of the Communications Bill. Oftel proposes, in line with the recommendations of the Communications White Paper, to extend the potential application of approved codes of practice to all aspects of the delivery of communications services to domestic and small business customers. Any code of practice would be subject to standard consultation procedures prior to its application.

3.41 This condition is required to implement the obligations contained in Article 34 of the Universal Service Directive, as well as current Oftel policy, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 16: Controlled Premium Rate Services

3.42 This condition is intended to provide regulatory underpinning to the work currently carried out by the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS). ICSTIS is a self-regulatory body, funded by the premium rate industry, and its role is to supervise the promotion and content of Premium Rate Services (PRS). It exercises this role through requiring compliance with a code of practice. This condition requires communications providers who provide, or allow (via their network or services) the provision of, Controlled Premium Rate Services (CPRS) to abide by the ICSTIS Code.

3.43 CPRS are more narrowly defined than PRS and, in particular, do not include services which cost up to and including a certain amount which is determined by Oftel (currently 10 pence), other than Chatline Services which are automatically included. It is intended that OFCOM will retain the ability to make such a determination from time to time, subject to standard consultation procedures. (The draft general condition, unlike the current CPRS licence condition, does not include detailed provisions regarding the procedures to be followed on consultation, as it is Oftel’s view that these procedures are in fact no different from what would be followed in a standard consultation.) Oftel considers that those services that meet the characteristics of CPRS have the potential to cause significant harm given that they are charged at a high price, and that subscribers therefore run the risk of inadvertently running up high telephone bills and being disconnected. This condition aims to protect end users from potential misleading practices on the part of unscrupulous communications providers or other persons.

3.44 It is intended that OFCOM will make a direction requiring compliance with the ICSTIS code of practice for the purposes of paragraph 16.1 of the condition prior to it coming into effect on 25 July 2003. Where a communications provider provides, or provides access to, CPRS after that date and not in accordance with the code they will be subject to the enforcement mechanisms set out in clauses 74 to 81 of the Communications Bill.

3.45 This condition reflects current Oftel policy for protection of end users, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 17: Automatic calling equipment

3.46 This condition aims to protect consumers from the nuisance and harassment of unwanted ‘silent’ calls or recorded messages being sent to their telephone using autodiallers, by requiring that a consumer’s consent to receive such calls is given prior to the call being made. Following Oftel’s recent consultation on the current Use of Automatic Calling Equipment licence condition, Oftel has decided to include a provision in the condition requiring that recorded messages sent using automatic calling equipment must include certain information about the person or organisation initiating the call. This provision also complements the obligation in section 27 of the Telecommunication (Data Protection and Privacy) Regulations 1999 with respect to the use of automatic calling equipment for direct marketing purposes.

3.47 This proposed condition will only apply to the use of automatic calling equipment as part of the provision of an electronic communications network or electronic communications service. The new regulatory framework for electronic communications networks does not extend beyond the ‘network termination point’, which is the physical point at which a person is provided access to a public communication network. Hence it is not possible for the general conditions (which can only apply to communication providers) to impose obligations that have affect beyond the network termination point. Oftel is currently considering how the improper use of electronic communications networks and services by end users may be regulated under the new regime. The Telecommunication (Data Protection and Privacy) Regulations 1999 will continue to have a broader application.

3.48 This condition reflects current Oftel policy for protection of consumers, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 18: Special measures for end users with disabilities

3.49 This condition aims to protect end users with disabilities by ensuring equivalent access for them to publicly available telephone services. It is intended that the current obligations on communications providers contained in telecommunication licence conditions for the benefit of users with disabilities are to be maintained through this general condition.

3.50 This condition is required to implement the obligations contained in Article 7 of the Universal Service Directive (in conjunction with other specific universal service conditions), and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 19: Provision of additional facilities

3.51 This condition requires providers of a public telephone network to provide tone dialling and calling-line identification facilities over their networks, subject to technical feasibility and economic viability. Calling line identification facilities, in particular, provide benefits for law-enforcement agencies as well as consumers. Oftel consider that this condition needs to be imposed unless it is concluded, after taking into account the views of interested parties, that there is already sufficient access to these facilities. Oftel would appreciate comments from the industry as to whether these facilities are already widely available throughout the UK. If so, it may not be necessary to impose this condition.

3.52 This condition is required to implement the obligations contained in Article 29 of the Universal Service Directive, and falls within condition 8 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 38(1)(a) of the Communications Bill.

Condition 20: Allocation and adoption of telephone numbers

3.53 This condition sets out the terms under which a communications provider may apply for, be allocated and adopt telephone numbers. ‘Telephone numbers’ are given a broad definition within the Communications Bill (see the general definitions at Annex 3) , and ‘adoption’ is a new term which covers:

• allocation or transferral of a number to a particular customer or piece of equipment;
• use of a number for identifying any service or route;
• use of a number for identifying a communication as one to be transmitted by a particular communications provider;
• designation of a number for use in selecting a service or any elements or characteristics of a service; and
• authorising the use of a number by other persons.

3.54 It is Oftel’s intention that this condition will maintain the current structure in the regulation of numbering by being supplemented by additional provisions in a secondary document (as is currently the case with the National Numbering Conventions (the Conventions), which supplement the current licence condition). However, Oftel has attempted in drafting this condition to make numbering regulation more transparent. The draft general condition contains obligations which derive from the current Numbering Arrangements licence condition and the Conventions, as well as obligations which are to be imposed pursuant to the terms of the new Directives and the Communications Bill. It is anticipated that the secondary document (to be called the National Telephone Numbering Plan (the Plan)) will contain the numbers available for allocation as telephone numbers, as well as restrictions relating to the adoption and use of those numbers, as contemplated by clause 43 of the Communications Bill.

3.55 Oftel will consult separately on the detail of that new Plan. However, it is intended that this document will comprise elements of the current Conventions, the National Numbering Code (the Code), and the Specified Numbering Scheme (the Scheme) which are required for the efficient management of numbering resources in the new regime. These documents are subject to constant review and frequent amendments. Oftel is therefore of the view that to draft and consult upon a new National Telephone Numbering Plan based on the current form of these documents would be misleading. Any Plan coming into effect on 25 July 2003 will need to reflect developments in the Conventions, the Code and the Scheme which have occurred between now and then. Oftel therefore proposes to consult on a draft Plan in the first half of 2003 so as to ensure that it reflects the latest policy and practice with respect to number allocation and management. The Conventions, the Code and the SNS List will continue to be amended through the normal consultation processes in the meantime.

3.56 OFCOM will have a duty under clause 48(1)(a) of the Communications Bill to ensure that best use is made of numbers. To fulfil this duty, Oftel proposes to require all communications providers, via condition 20.4, to secure that any numbers allocated to them are used and managed efficiently and effectively. Condition 20.4 has been drafted so as to enable OFCOM, in verifying compliance with that condition, to request such information as is proportionate and justified to ensure that communications providers are making effective and efficient use of the numbers allocated to them. It is intended that what Oftel considers to be ‘effective and efficient use’ in this context will be covered in greater depth in the proposed consultation on the new National Telephone Numbering Plan.

3.57 This condition is required to implement the obligations contained in Article 9 of the Framework Directive, and falls within conditions 1, 2, 6 and 9 of Part C of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 44(1)(a) and (c) of the Communications Bill.

Condition 21: Number portability

3.58 This condition requires communications providers to ensure that their subscribers are able to transfer their telephone numbers from one provider to another at a reasonable cost. This condition applies to both fixed and mobile public telephone communications providers, and combines appropriate elements of the current fixed and mobile PTO licence conditions. The detailed technical requirements on operators to facilitate the provision of portability continue to sit within a separate document, the Functional Specification. It is not intended to amend the Functional Specification from its current form, hence it does not form part of this consultation document. Oftel has decided to omit the requirement that a request from a subscriber for number portability is to be in writing, on the basis that this imposes an unnecessary barrier to the provision of number portability to end users. We would welcome any comments from both industry and consumer groups on the likely impact of this change.

3.59 This condition is required to implement the obligations contained in Article 30 of the Universal Service Directive, and falls within condition 3 of Part C of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 44(1)(e) of the Communications Bill.

Condition 22: Provision of subscriber directory information

3.60 This condition requires all communication providers with a numbering allocation to pass on their subscriber directory information to any other provider of publicly available telephone services. Its purpose is to ensure the provision of the most comprehensive directory database(s) from which directory products and services can be provided.

3.61 This condition is required to implement the obligations contained in Article 25(2) of the Universal Service Directive, and falls within condition 4 of Part C of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 44(1)(d) and (3) of the Communications Bill.

Condition 23: Non-geographic numbers

3.62 The USD aims to ensure that callers from any Member State can access services provided in every other Member State over non-geographic telephone numbers (which include mobile, freephone and premium rate numbers). This condition requires communications providers who assign such numbers to their subscribers to ensure the accessibility of those numbers and services from other Member States. However, as provided for in the condition, ‘economic and technical feasibility’ may, in practice, mean operators are unable to provide widespread access to non-geographic numbers in the UK by overseas callers. Similarly, those persons who offer services over non-geographic numbers may choose to limit access to their services from overseas callers.

3.63 This condition is required to implement the obligations contained in Article 28 of the Universal Service Directive, and falls within condition 4 of Part A of the Annex to the Authorisation Directive. OFCOM will be entitled to set this condition under clause 43(3) of the Communications Bill.

Chapter 4

How to make comments on this consultation document

4.1 Oftel welcomes comments from interested parties on the issues outlined in this paper. The closing date for submitting comments is 13 September 2002.

4.2 Where possible, comments and any comments-on-comments should be made in writing and sent by e-mail to the address given below. 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:

Further copies of this document

4.3 Paper copies of this document, 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

4.4 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, all non confidential comments and comments-on-comments, will be published. Respondents should 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.

4.5 Non confidential responses can be viewed on Oftel’s website in the Publications section under Responses to Oftel consultations. They can also be viewed at Oftel’s Research and Information Unit. Appointments must be made in advance by phoning 020 7634 8761 or sending an e-mail to infocent@oftel.gov.uk.

e-mail notifications

4.6 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.

Annex 1

The Annex to the Authorisation Directive

The conditions listed in this Annex provide the maximum list of conditions which may be attached to general authorisations (Part A), rights to use radio frequencies (Part B) and rights to use numbers (Part C) as referred to in Article 6(1) and Article 11(1)(a).

A. Conditions which may be attached to a general authorisation

1. Financial contributions to the funding of universal service in conformity with Directive 2002/22/EC (Universal Service Directive).

2. Administrative charges in accordance with Article 12 of this Directive.

3. Interoperability of services and interconnection of networks in conformity with Directive 2002/19/EC (Access Directive).

4. Accessibility of numbers from the national numbering plan to end users including conditions in conformity with Directive 2002/22/EC (Universal Service Directive).

5. Environmental and town and country planning requirements, as well as requirements and conditions linked to the granting of access to or use of public or private land and conditions linked to co-location and facility sharing in conformity with Directive 2002/22/EC (Framework Directive) and including, where applicable, any financial or technical guarantees necessary to ensure the proper execution of infrastructure works.

6. "Must carry" obligations in conformity with Directive 2002/22/EC (Universal Service Directive).

7. Personal data and privacy protection specific to the electronic communications sector in conformity with Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector (1).

8. Consumer protection rules specific to the electronic communications sector including conditions in conformity with Directive 2002/22/EC (Universal Service Directive).

9. Restrictions in relation to the transmission of illegal content, in accordance with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (2) and restrictions in relation to the transmission of harmful content in accordance with Article 2a(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (3).

10. Information to be provided under a notification procedure in accordance with Article 3(3) of this Directive and for other purposes as included in Article 11 of this Directive.

11. Enabling of legal interception by competent national authorities in conformity with Directive 97/66/EC and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4).

12. Terms of use during major disasters to ensure communications between emergency services and authorities and broadcasts to the general public.

13. Measures regarding the limitation of exposure of the general public to electromagnetic fields caused by electronic communications networks in accordance with Community law.

14. Access obligations other than those provided for in Article 6(2) of this Directive applying to undertakings providing electronic communications networks or services, in conformity with Directive 2002/19/EC (Access Directive).

15. Maintenance of the integrity of public communications networks in accordance with Directive 2002/19/EC (Access Directive) and Directive 2002/22/EC (Universal Service Directive) including by conditions to prevent electromagnetic interference between electronic communications networks and/or services in accordance with Council Directive 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility (1).

16. Security of public networks against unauthorised access according to Directive 97/66/EC.

17. Conditions for the use of radio frequencies, in conformity with Article 7(2) of Directive 1999/5/EC, where such use is not made subject to the granting of individual rights of use in accordance with Article 5(1) of this Directive.

18. Measures designed to ensure compliance with the standards and/or specifications referred to in Article 17 of Directive 2002/21/EC (Framework Directive).

B. Conditions which may be attached to rights of use for radio frequencies

1. Designation of service or type of network or technology for which the rights of use for the frequency has been granted, including, where applicable, the exclusive use of a frequency for the transmission of specific content or specific audiovisual services.

2. Effective and efficient use of frequencies in conformity with Directive 2002/21/EC (Framework Directive), including, where appropriate, coverage requirements.

3. Technical and operational conditions necessary for the avoidance of harmful interference and for the limitation of exposure of the general public to electromagnetic fields, where such conditions are different from those included in the general authorisation.

4. Maximum duration in conformity with Article 5 of this Directive, subject to any changes in the national frequency plan.

5. Transfer of rights at the initiative of the right holder and conditions for such transfer in conformity with Directive 2002/21/EC (Framework Directive).

6. Usage fees in accordance with Article 13 of this Directive.

7. Any commitments which the undertaking obtaining the usage right has made in the course of a competitive or comparative selection procedure.

8. Obligations under relevant international agreements relating to the use of frequencies.

C. Conditions which may be attached to rights of use for numbers

1. Designation of service for which the number shall be used, including any requirements linked to the provision of that service.

2. Effective and efficient use of numbers in conformity with Directive 2002/21/EC (Framework Directive).

3. Number portability requirements in conformity with Directive 2002/22/EC (Universal Service Directive).

4. Obligation to provide public directory subscriber information for the purposes of Articles 5 and 25 of Directive 2002/22/EC (Universal Service Directive).

5. Maximum duration in conformity with Article 5 of this Directive, subject to any changes in the national numbering plan.

6. Transfer of rights at the initiative of the right holder and conditions for such transfer in conformity with Directive 2002/21/EC (Framework Directive).

7. Usage fees in accordance with Article 13 of this Directive.

8. Any commitments which the undertaking obtaining the usage right has made in the course of a competitive or comparative selection procedure.

9. Obligations under relevant international agreements relating to the use of numbers.

Annex 2

Cross-reference table for standard fixed and mobile Public Telecommunication Operator (PTO) Licences granted under the Telecommunications Act 1984

Annex 3

The proposed General Conditions with definitions

SCHEDULE

GENERAL CONDITIONS UNDER SECTION 35(3) OF THE ACT

PART 1:

DEFINITIONS AND INTERPRETATION RELATING TO THE CONDITIONS IN THIS SCHEDULE

Definitions

1. In this Schedule, except in so far as the context otherwise requires

"Act" means the Communications Act 2002;

"Apparatus" includes any equipment, machinery or device and any wire or cable and the casing or coating for any wire or cable;

"Approved Apparatus" means, in relation to any Network, Apparatus which meets the appropriate essential requirements of regulation 4 of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000;

"Communications Provider" means a person who provides an Electronic Communications Network or provides an Electronic Communications Service;

"Consumer Panel" means the body of persons established by OFCOM pursuant to section 96 of the Act;

"Content Service" means so much of any service as consists in one or both of the following:

(a) the provision of material with a view to its being comprised in Signals conveyed by means of an Electronic Communications Network;

(b) the exercise of editorial control over the contents of Signals conveyed by means of such a Network;

"Customer", in relation to a Communications Provider, means the following (including any of them whose use or potential use of the Electronic Communications Network or Electronic Communications Service is for the purposes of, or in connection with, a business):

(a) a person to whom the Network or Service is provided or made available in the course of any business carried on as such by the Provider;

(b) a person to whom the Communications Provider is seeking to secure that the Network or Service is so provided or made available;

(c) a person who wishes to be so provided with the Network or Service, or who are likely to seek to become a person to whom the Network or Service is provided;

"Directory" means a printed document containing Directory Information which is made available to members of the public;

"Directory Information" means, in the case of a Directory, the name, address and Telephone Number of the Subscriber and, in the case of a Directory Enquiry Facility, may include the Telephone Number only of the Subscriber or information that the Telephone Number of the Subscriber may not be supplied;

"Directory Enquiry Facility" means Directory Information provided by means of a Public Telephone Network;

"Electronic Communication" means a communication for conveyance by means of an Electronic Communications Network;

"Electronic Communications Network" means:

(a) a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of Signals of any description;

(b) such of the following as are used, by the person providing the system and in association with it, for the purpose of conveyance of the Signals:

(i) Apparatus comprised in the system;

(ii) Apparatus used for the switching or routing of the Signals; and

(iii) software and stored data;

"Electronic Communications Service" means any service consisting in, or having as its principal feature, the conveyance by means of an Electronic Communications Network of Signals, except in so far as it is a Content Service;

"Emergency Organisation" means in respect of any locality:

(a) the relevant public police, fire, ambulance and coastguard services for that locality; and

(b) any other organisation determined from time to time by OFCOM as providing a vital service relating to the safety of life in Emergencies;

"End user", in relation to a Public Electronic Communications Service, means:

(a) a person who, otherwise than as a Communications Provider is a Customer of the provider of that Service;

(b) a person who makes use of the Service otherwise than as a Communications Provider; or

(c) a person who may be authorised, by a person falling within paragraph (a), so to make use of the Service;

"Geographic Number" means a Telephone Number from the National Telephone Numbering Plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the Network Termination Point of the Subscriber to whom the Telephone Number has been allocated;

"Interconnection" means the linking (whether directly or indirectly by physical or logical means, or by a combination of physical or logical means) of one Public Electronic Communications Network to another for the purpose of enabling the persons using one of them to be able:

(a) to communicate with users of the other one; or

(b) to make use of services provided by means of the other one (whether by the provider of that Network or by another person);
"National Telephone Numbering Plan" means a document published by OFCOM from time to time pursuant to section 43 of the Act;

"Network Termination Point" means the physical point at which a Subscriber is provided with access to a Public Electronic Communications Network and, where it concerns Electronic Communications Networks involving switching or routing, that physical point is identified by means of a specific network address, which may be linked to the Telephone Number or name of a Subscriber. Where a Network Termination Point is provided at a fixed position on Served Premises it shall be within an item of Network Termination and Testing Apparatus;

"Network Termination and Testing Apparatus" means an item of Apparatus comprised in an Electronic Communications Network installed in a fixed position on Served Premises which enables:

(a) Approved Apparatus to be readily connected to, and disconnected from, the Network;

(b) the conveyance of Signals between such Approved Apparatus and the Network;

(c) the due functioning of the Network to be tested,

but the only other functions of which, if any, are:

(i) to supply energy between such Approved Apparatus and the Network;

(ii) to protect the safety or security of the operation of the Network; or

(iii) to enable other operations exclusively related to the running of the Network to be performed or the due functioning of any system to which the Network is or is to be connected to be tested (separately or together with the Network);

"Non-geographic Number" means a Telephone Number from a range of numbers in the National Telephone Numbering Plan designated for allocation to End users, the digit structure of which contains no geographic significance for routing calls;

"OFCOM" means the Office of Communications;

"Public Electronic Communications Network" means an Electronic Communications Network provided wholly or mainly for the purpose of making Electronic Communications Services available to members of the public;

"Public Electronic Communications Services" means any Electronic Communications Service that is provided so as to be available for use by members of the public;

"Publicly Available Telephone Service" means a service available to the public for originating and receiving national and international telephone calls and access to Emergency Organisations through a Telephone Number or Numbers in the National Telephone Numbering Plan or an international telephone numbering plan, and in addition may, where relevant, include one or more of the following services: the provision of operator assistance services, Directory Enquiry Facilities, Directories, provision of Public Pay Telephones, provision of service under special terms, provision of specific facilities for End users with disabilities or with special social needs and/or the provision of non-geographic services;

"Public Pay Telephone" means a telephone available to the general public, for the use of which the means of payment may include coins and/or credit/debit cards and/or pre-payment cards, including cards for use with dialling codes;

"Public Telephone Network" means an Electronic Communications Network which is used to provide Publicly Available Telephone Services; it supports the transfer between Network Termination Points of speech communications, and also other forms of communication, such as facsimile and data;

"Relevant Data Protection Legislation" means the Data Protection Act 1998 and the Telecommunications (Data Protection and Privacy) Regulations 1999;

"Served Premises" means a single set of premises in single occupation where Apparatus has been installed for the purpose of the provision of Electronic Communications Services by means of an Electronic Communications Network at those premises;

"Signal" includes:

(a) anything comprising speech, music, sounds, visual images or communications or data of any description, and

(b) signals serving for the impartation of anything between persons, between a person and a thing, or between things, or for the actuation or control of any Apparatus;

"Subscriber" means any natural or legal person or legal entity who or which is party to a contract with the provider of Public Electronic Communications Services for the supply of such Services;

"Telephone Number" means, subject to any order of the Secretary of State pursuant to section 43(8) of the Act, any number, including data of any description, that is used (whether or not in connection with telephony) for any one or more of the following purposes:

(a) identifying the destination for, or recipient of, an Electronic Communication;

(b) identifying the origin, or sender, of an Electronic Communication;

(c) identifying the route for any Electronic Communication;

(d) identifying the source from which any Electronic Communication or Electronic Communications Service may be obtained or accessed;

(e) selecting the service that is to be obtained or accessed, or any required elements or characteristics of that service; or

(f) identifying the Communications Provider by means of whose network or service any Electronic Communication is to be transmitted, or treated as transmitted.

"Wireless Telegraphy" has the same meaning as in section 54 of the Wireless Telegraphy Act 1949.

Interpretation

2. For the purpose of interpreting the general conditions in this Schedule:

(a) except in so far as the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the same meaning as it has in the Act;

(b) the Interpretation Act 1978 shall apply as if each of the general conditions in this Schedule were an Act of Parliament;

(c) headings and titles shall be disregarded; and

(d) expressions cognate with those referred to in this Schedule shall be construed accordingly.

3. If OFCOM are considering whether a determination or direction under any Condition in Part 2 of this Schedule is appropriate, they shall notify all interested parties of their proposed decision or the options which they are considering, and their reasons, and give interested parties a reasonable opportunity to make representations. On making or refusing a determination or direction, OFCOM shall notify interested parties of the determination, direction or refusal, as the case may be, and their reasons.

PART 2:

GENERAL CONDITIONS

1. GENERAL ACCESS AND INTERCONNECTION OBLIGATIONS

Obligation to Negotiate Interconnection

1.1 Where the Communications Provider provides a Public Electronic Communications Network, the Communications Provider shall, to the extent requested by another Communications Provider of a Public Electronic Communications Network, negotiate with that Provider with a view to concluding an agreement (or an amendment to an existing agreement) for Interconnection within a period mutually agreed by the parties or determined by OFCOM as being reasonable.

Information Obtained During Negotiations for Access or Interconnection

1.2 Where the Communications Provider acquires information from another Communications Provider before, during or after the process of negotiating network access arrangements and where such information is acquired in confidence, in connection with and solely for the purpose of such negotiations or arrangements, the Communications Provider shall use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Such information shall not be passed on to any other party (in particular other departments, subsidiaries or partners) for whom such information could provide a competitive advantage.

1.3 Paragraph 1.2 above is without prejudice to the Communication Provider's obligations under section 98 of the Act.

2. STANDARDISATION AND SPECIFIED INTERFACES

2.1 The Communications Provider shall take full account of any standards and/or specifications as are listed in the Official Journal of the European Communities for the provision of services, technical interfaces and/or network functions. Where no standards or specifications have been so published, the Communications Provider shall take full account of any standards and/or specifications adopted by the European Standards Organisations.

2.2 In the absence of such standards and/or specifications referred to in paragraph 2.1 above, the Communications Provider shall take full account of international standards or recommendations adopted by the International Telecommunications Union (ITU), the International Organisation for Standardisation (ISO) or the International Electrotechnical Committee (IEC).

2.3 In the absence of such standards and/or specifications referred to in paragraphs 2.1 and 2.2 above, the Communications Provider shall take full account of any other standard specified by OFCOM for the purposes of service interoperability and Interconnection, provided that OFCOM shall not specify a standard if an appropriate European or other international standard is expected to be promulgated within a reasonable time.

2.4 OFCOM may from time to time issue a direction requiring a specified Network Interconnection Interface to be compliant with a specified standard. Any such direction shall be to ensure End-to-End Connectivity and interoperability, and shall take full account of any relevant standards in existence as referred to in paragraphs 2.1 to 2.3 above.

2.5 Subject to paragraph 2.6 below, the Communications Provider shall ensure that:

(a) any Network Interconnection Interface provided by it which is specified in the direction is compliant with the specified standard in the direction, and

(b) the relevant Network Interconnection Interface is available to other providers of Public Electronic Communications Networks.

2.6 The Communications Provider shall not be required to comply with paragraph 2.5 above where:

(a) any other provider of a Public Electronic Communications Network seeking Interconnection with the Communication Provider's Network at the relevant Network Interconnection Point does not require it to do so; or

(b) to do so would require the Communications Provider to incur any cost, or resolve any technical difficulty, disproportionate to the benefits to be gained from implementing the specified standard, provided that the Communications Provider takes reasonable steps to incorporate the specified standard in its plans for network development.

2.7 In this Condition:

(a) "End to End Connectivity" means the facility -

(i) for different End Users of the same Electronic Communications Network or Electronic Communications Service to be able to communicate with each other; and

(ii) for the End Users of different such networks or services to be able, each using the network or service of which he is the End User, to communicate with each other;

(b) "European Standards Organisations" means the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC), and the European Telecommunications Standards Institute (ETSI);

(c) "Network Interconnection Interface" means the Technical Characteristics of each interface at any Network Interconnection Point;

(d) "Network Interconnection Point" means the physical location at which Interconnection between different Public Electronic Communications Networks takes place;

(e) "Technical Characteristics" means the physical, electrical and other relevant characteristics and the network interworking and service management protocols.

3. PROPER AND EFFECTIVE FUNCTIONING OF THE NETWORK

3.1 The Communications Provider shall take all reasonably practicable steps to maintain, to the greatest extent possible:

(a) the proper and effective functioning of the Public Telephone Network provided by it at fixed locations at all times, and

(b) in the event of catastrophic network breakdown or in cases of force majeure the availability of the Public Telephone Network and Publicly Available Telephone Services provided by it at fixed locations, and

(c) uninterrupted access to Emergency Organisations as part of any Publicly Available Telephone Services offered at fixed locations.

3.2 The Communications Provider shall ensure that any restrictions imposed by it on access to and use of a Public Telephone Network on the grounds of network security or network integrity are proportionate, non-discriminatory and based on objective criteria identified in advance.

3.3 In this Condition, "Communications Provider" means a Communications Provider which provides a Public Telephone Network and/or provides Publicly Available Telephone Services.

4. EMERGENCY CALL NUMBERS

4.1 Where the Communications Provider provides Publicly Available Telephone Services, it shall make available to any End user of those services access to Emergency Organisations by using the emergency call numbers "112" and "999" at no charge and without having to use coins or cards.

4.2 Where the Communications Provider provides a Public Telephone Network, it shall, to the extent technically feasible, make Caller Location Information for all calls to the emergency call numbers "112" and "999" available to the Emergency Organisations handling those calls.

4.3 Where the Communications Provider disconnects an End user who is its Subscriber in accordance with Condition 14, this Condition shall cease to apply in relation to that disconnected End user.

4.4 In this Condition, "Caller Location Information" means any data or information processed in an Electronic Communications Network indicating the geographic position of the terminal equipment of a person initiating a call.

5. USE DURING DISASTERS

5.1 The Communications Provider shall, in consultation with

(a) the authorities responsible for Emergency Organisations; and

(b) such departments of central and local government as OFCOM may from time to time determine and whose names are notified to the Communications Provider by OFCOM for this purpose;

make arrangements for the provision or rapid restoration of such communications services as are practicable and may reasonably be required in Disasters.

5.2 The Communications Provider shall, on request by any person as is designated for the purpose in any such arrangements, implement those arrangements insofar as is reasonable and practicable to do so.

5.3 Nothing in this Condition precludes the Communications Provider from:

(a) recovering the costs incurred in making or implementing any such arrangements; or

(b) making the implementation of any such arrangements conditional upon being indemnified by the person for whom the arrangements are to be implemented for all costs incurred as a consequence of the implementation.

5.4 In this Condition:

(a) "Communications Provider" means a Communications Provider which provides a Public Telephone Network and/or provides Publicly Available Telephone Services; and

(b) "Disaster" includes:

(i) a major accident; and

(ii) any incident of contamination involving toxic or radioactive substances that affects the general public.

6. PUBLIC PAY TELEPHONES

6.1 The Communications Provider shall ensure that any End user can access:

(a) operator assistance services;

(b) a Directory Enquiry Facility; and

(c) Emergency Organisations using the emergency call numbers "112" and "999" at no charge and without having to use coins or cards

from the Public Pay Telephone.

6.2 The Communications Provider shall display and take all reasonable steps to keep displayed prominently on or around the Public Pay Telephone a notice specifying:

(a) the minimum charge payable for connection of a call;

(b) the means by which the charge may be paid;

(c) the charge payable in respect of calls made within the United Kingdom by reference to the duration of the call, the distance over which the call is conveyed and the time of day the call is made. Alternatively, a Telephone Number may be displayed which may be called free of charge from the Public Pay Telephone which will provide this charging information;

(d) the location of the Public Pay Telephone sufficient to enable it to be located as swiftly as possible by the Emergency Organisations;

(e) that the Communications Provider, or other person, whose name, address and Telephone Number is specified in the notice will deal with any complaint that is made to them;

(f) that calls to Emergency Organisations using the numbers "112" and "999" may be made from the Public Pay Telephone free of charge and without having to use coins or cards; and

(g) whether or not the Public Pay Telephone is available to receive a call, and if so, the Telephone Number of the Public Pay Telephone.

6.3 Where the Communications Provider provides Public Pay Telephones which are permanently installed on public land and to which the public have access at all times, the Communications Provider shall also:

(a) ensure that:

(i) where it provides Public Pay Telephones anywhere in the United Kingdom except the City of Kingston Upon Hull, at least 75% of those Public Pay Telephones are accessible by reasonable means to End users in wheelchairs;

(ii) where it provides Public Pay Telephones in the City of Kingston Upon Hull, at least 50% of those Public Pay Telephones are accessible by reasonable means to End users in wheelchairs; and

(iii) at least 70% of its Public Pay Telephones incorporate additional receiving amplification;

(b) consult OFCOM from time to time on all future changes to the design of its Public Pay Telephones to ensure that the needs and interests of disabled persons are fully taken into account in the development and provision of such telephones;

(c) consult OFCOM from time to time and in any event as OFCOM may direct to ensure adequate provision, in terms of numbers and locations, of its Public Pay Telephones incorporating textphone facilities. Where OFCOM are satisfied that such provision is inadequate, they may direct the Communications Provider to provide Public Pay Telephone textphone facilities as they deem appropriate in terms of numbers and location; and

(d) only be entitled to cease to provide or to cease to secure the provision of Publicy Available Telephone Services to and from the Public Pay Telephone if it has installed prominently on or around that Public Pay Telephone (and has taken all reasonable steps to keep so displayed for the period mentioned below) a notice specifying:

(i) that the Communications Provider is proposing that such services shall cease to be provided there on the expiration of the period mentioned in the notice not being less than 42 days commencing with the day on which the notice is first displayed, and

(ii) the name and address of the Communications Provider,

and such period has expired.

6.4 In this Condition, "Communications Provider" means a Communications Provider which provides a Public Pay Telephone.

7. MUST-CARRY OBLIGATIONS

7.1 This Condition applies where the Communications Provider:

(a) provides an Electronic Communications Network over which Public Electronic Communications Services are provided, and

(b) that Network is used by a significant number of End users as their principal means of receiving television programmes or sound programmes or both.

7.2 The Communications Provider shall broadcast or otherwise transmit every service specified in the list of must-carry services set out in section 49(3) of the Act as modified from time to time by the Secretary of State pursuant to section 49(5) of the Act.

7.3 The Communications Provider shall comply with any order made by the Secretary of State from time to time under section 49(6) of the Act, or any determination by OFCOM in accordance with the provisions of such an order, with respect to the terms on which such services must be broadcast or otherwise transmitted.

8. OPERATOR ASSISTANCE, DIRECTORIES AND DIRECTORY ENQUIRY FACILITIES

8.1 The Communications Provider shall ensure that any End user can access:

(a) operator assistance services, and

(b) a Directory Enquiry Facility containing Directory Information on all Subscribers who have been allocated Telephone Numbers by any Communications Provider, except those Subscribers who have exercised their right to have their Directory Information removed.

8.2 Where the Communications Provider allocates Telephone Numbers to Subscribers, it shall ensure that each of those Subscribers is, on request, supplied with a Directory containing Directory Information on all Subscribers who have been allocated Telephone Numbers in the Subscriber's local area. Directories containing Directory Information for all other Subscribers outside the local area who have been allocated Telephone Numbers by any Communications Provider must be supplied to the Subscriber on request. Any Directories supplied shall not contain Directory Information for those Subscribers who have exercised their right to have their Directory Information removed.

8.3 Where a Directory is produced by the Communications Provider (or by another person on the Communication Provider's behalf), the Communications Provider shall ensure that it is updated on a regular basis (at least once a year). OFCOM may direct from time to time that a Directory is available in a particular form.

8.4 The Communications Provider may charge End users a reasonable fee for making available a Directory Enquiry Facility, local Directory and any additional Directories, and may charge its Subscribers a reasonable fee for inclusion of Directory Information in a Directory or as part of a Directory Enquiry Facility.

8.5 This Condition applies subject to the requirements of Relevant Data Protection Legislation (in particular, the right of a Subscriber to, free of charge, verify, correct or request removal of their own Directory Information from a Directory and/or a Directory Enquiry Facility).

8.6 In this Condition, "Communications Provider" means a Communications Provider which provides Publicly Available Telephone Services (except Public Pay Telephones).

9. REQUIREMENT TO OFFER CONTRACTS

9.1 The Communications Provider shall, on the request of any End user, offer to enter into a contract or vary an existing contract with that End user for the provision of Public Electronic Communications Services which complies with paragraph 9.2.

9.2 Any contract between the Communications Provider and an End user shall specify the following minimum requirements:

(a) the identity and address of the Communications Provider;

(b) the services provided, and the service quality levels offered, including the time for initial connection;

(c) the types of maintenance services offered;

(d) particulars of prices and tariffs, and the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained;

(e) the duration of the contract, the conditions for renewal and termination of services and of the contract, including the End user's right to terminate the contract without penalty in the circumstances set out in paragraph 9.3;

(f) any compensation and the refund arrangements which apply if contracted quality service levels are not met; and

(g) the method of initiating procedures for settlement of disputes in accordance with sections 39 to 42 of the Act.

9.3 Where the Communications Provider intends to modify a condition in a contract with an End user which is likely to be of detriment to the End user, the Communications Provider shall:

(a) provide the End user with at least one month's notice of its intention detailing the proposed modification; and

(b) inform the End user of the ability to terminate the contract without penalty if the proposed modification is not acceptable to the End user.

9.4 In this Condition, "Communications Provider" means a Communications Provider which provides Public Electronic Communications Services.

10. TRANSPARENCY AND PUBLICATION OF INFORMATION

10.1 The Communications Provider shall ensure that clear and up to date information on its applicable prices and tariffs, and on its standard terms and conditions, in respect of access to and use of Publicly Available Telephone Services by End users is published, in accordance with paragraphs 10.2 and 10.3.

10.2 The information published shall include at least the following:

(a) the Communications Provider's name and Major Office address;

(b) a description of the Publicly Available Telephone Services offered;

(c) where the Communications Provider renders any subscription charge or periodic rental charge, which Publicly Available Telephone Services are included within any such charge;

(d) the Communications Provider's standard tariffs, including details of standard discounts and special and targeted tariff schemes, with regard to:

(i) access;

(ii) all types of usage charges; and

(iii) maintenance;

(e) the compensation and/or refund policy offered, including specific details of any compensation and/or refund schemes;

(f) the types of maintenance service offered;

(g) the standard contract conditions offered, including any relevant minimum contractual period; and

(h) any available dispute resolution mechanisms, including those developed by the Communications Provider.

10.3 Publication of the information shall be effected by:

(a) sending a copy of such information or any appropriate parts of it to any person who may reasonably request such a copy; and

(b) placing a copy of such information on any relevant website operated or controlled by the Communications Provider.

10.4 In this Condition:

(a) "Communications Provider" means a Communications Provider which provides End users with access to and use of Publicly Available Telephone Services, except Public Pay Telephones;

(b) "Major Office" means the Communications Provider's registered office and such other offices as OFCOM may from time to time determine.

11. QUALITY OF SERVICE

11.1 Where the Communications Provider provides Public Electronic Communications Services, it shall publish comparable, adequate and up to date information for End users on the quality of its services as OFCOM may determine from time to time in accordance with this Condition.

11.2 Subject to paragraph 11.3, where OFCOM make a determination under paragraph 11.1 they may amongst other things determine:

(a) the quality of service parameters to be measured;

(b) the content and form of the information to be published, and how the comparability of the information is to be validated. For the purposes of validation, OFCOM may require independent audit of the specified information;

(c) the manner of publication of the information;

(d) the timing of publication of the information; and/or

(e) that the Communications Provider shall provide OFCOM with a copy of the information to be published well in advance of the publication as agreed by OFCOM.

11.3 OFCOM shall only make a determination where the Communications Provider has been providing Public Electronic Communication Services for at least 18 months.

12. METERING AND BILLING

12.1 The Communications Provider shall not render any bill to an End user in respect of the provision of any Public Electronic Communications Services unless every amount stated in that bill represents and does not exceed the true extent of any such Service actually provided to the End user in question.

12.2 The Communications Provider shall retain such records as may be necessary for the purpose of establishing its compliance with paragraph 12.1 above. This obligation applies subject to the requirements of Relevant Data Protection Legislation, and shall not require the Communications Provider to retain any records for the purposes of this Condition for more than 15 months from the date on which they were created. For purposes of clarity, 'records' in this paragraph includes data or information showing the extent of any network or service actually provided to an End user and any data or information used in the creation of a bill for an End user.

12.3 The Communications Provider shall comply with any applicable Metering and Billing Scheme as soon as practicable after it becomes applicable or in any event no later than a date directed by OFCOM. This obligation applies in respect of any Total Metering and Billing System, whether already in use or newly installed.

12.4 The Communications Provider shall not keep in use after the date directed by OFCOM referred to in paragraph 12.3 above any part of a Total Metering and Billing System which:

(a) is required to be approved in accordance with an applicable Metering and Billing Scheme, and

(b) is not so approved (or for which an application for such approval has not been made).

12.5 Where, in accordance with an applicable Metering and Billing Scheme, approval is not granted to or is withdrawn from all or part of the Communications Provider's Total Metering and Billing System, the Communications Provider shall, as soon as is reasonably practicable either:

(a) inform OFCOM of the action to be taken by the Communications Provider to remedy the absence of approval and the anticipated date of such approval; or

(b) inform OFCOM that the Communications Provider intends to cease use of that System (or that part of it) in accordance with a timetable for its withdrawal which the Communications Provider shall provide to OFCOM on request.

12.6 In this Condition,

(a) "Total Metering and Billing System" means the totality of all equipment, data, procedures and activities used to determine the charges to be sought for service provision and service usage, and/or to present these charges on End User's bills. For purposes of clarity, a Total Metering and Billing System incorporates all processing steps from the original recording of a chargeable event to its readiness for presentation on a bill to the End User whether performed by one or more Communications Providers; and

(b) "Metering and Billing Scheme" means a document published from time to time by OFCOM following consultation with Communications Providers to which this Condition applies and interested parties in which OFCOM may, amongst other things:

(i) require the Communications Provider to submit its Total Metering and Billing System for approval to body of persons specified in a direction made by OFCOM from time to time for the purposes of this Condition; and/or

(ii) designate technical requirements for that purpose.

13. ITEMISED BILLS

13.1 The Communications Provider shall provide to each of its Subscribers a basic level of itemised billing at no extra charge to the Subscriber. The Communications Provider shall ensure that each itemised bill shows a sufficient level of detail to allow the Subscriber to:

(a) verify and control the charges incurred by the Subscriber in using a Public Telephone Network and/ or related Publicly Available Telephone Services; and

(b) adequately monitor the Subscriber's usage and expenditure and thereby exercise a reasonable degree of control over their bills.

13.2 The basic level of itemised billing supplied by the Communications Provider shall also comply with any direction as OFCOM may give on the basic level of itemised billing from time to time.

13.3 The Communications Provider may offer additional levels of detail to each of its Subscribers at reasonable tariffs or at no extra charge.

13.4 The Communications Provider shall ensure that calls which are made from a Subscriber's telephone which are free of charge to that Subscriber, including calls to helplines, shall not be identified in the Subscriber's itemised bill.

13.5 The Communications Provider shall not be subject to this Condition in respect of any Subscriber where:

(a) it provides Publicly Available Telephone Services to the Subscriber on a pre-paid basis; and

(b) the Subscriber has an alternative means, free of charge, of adequately monitoring the Subscriber's usage and expenditure.

13.6 In this Condition:

(a) "Communications Provider" means a Communications Provider which provides Publicly Available Telephone Services;

(b) "Subscriber" means an End user who is party to a contract with the Communications Provider for the provision of Publicly Available Telephone Services.

14. NON-PAYMENT OF BILLS

14.1 Where the Communications Provider's Subscriber has not paid the Communications Provider all or part of a bill for Publicly Available Telephone Services provided by the Communications Provider, any measures taken by the Communications Provider to effect payment or disconnection shall:

(a) be proportionate and non-discriminatory;

(b) be published in accordance with paragraph 14.2 below;

(c) give due warning to the Subscriber beforehand of any consequent service interruption or disconnection; and

(d) except in cases of fraud, persistent late payment or non-payment, confine any service interruption to the service concerned, as far as technically feasible.

14.2 The Communications Provider shall publish details of such measures by:

(a) sending a copy of such information or any appropriate parts of it to any Subscriber who may request such a copy; and

(b) placing a copy of such information on any relevant website operated or controlled by the Communications Provider.

14.3 In this Condition:

(a) "Communications Provider" means a Communications Provider which provides Publicly Available Telephone Services at a fixed location;

(b) "Subscriber" means an End user who is party to a contract with the Communications Provider for the provision of Publicly Available Telephone Services.

15. CODES OF PRACTICE AND DISPUTE RESOLUTION

General Codes of Practice

15.1 Subject to paragraphs 15.2 and 15.3, the Communications Provider shall, on the direction of OFCOM, comply with any code of practice specified in that direction relevant to any aspect of service delivery to Domestic and Small Business Customers including, amongst other things, sales, advertising, connections, installations, prices, contracts, disconnection, Public Pay Telephones and services for disabled and elderly persons.

Codes of Practice for Complaints

15.2 The Communications Provider shall establish and maintain procedures for dealing with complaints made by their Domestic and Small Business Customers that conform with any applicable Code of Practice for Complaints.

Dispute Resolution

15.3 The Communications Provider shall provide and comply with a Dispute Resolution Scheme, including any final decision of the Dispute Resolution Body made in accordance with that Scheme.

15.4 In this Condition:

(a) "Communications Provider" means a Communications Provider which provides Public Electronic Communication Services to Domestic and Small Business Customers.

(b) "Code of Practice for Complaints" means procedures approved from time to time by OFCOM for the purpose of this Condition in accordance with sections 39 and 40 of the Act;

(c) "Dispute Resolution Scheme" means procedures approved or established from time to time by OFCOM for the purpose of this Condition in accordance with sections 41 and 42 of the Act;

(d) "Dispute Resolution Body" means the body of persons responsible for administering a relevant Dispute Resolution Scheme.

(e) "Domestic and Small Business Customer" means, in relation to a Communications Provider, any Customer of that Provider who is neither-

(i) himself a Communications Provider; nor

(ii) a person who is such a Customer in respect of an undertaking carried on by him for which more than fifty individuals work (whether as employees or volunteers or otherwise).

16. CONTROLLED PREMIUM RATE SERVICES

16.1 Where:

(a) the Communications Provider provides a Controlled Premium Rate Service in whole or in part by means of its Public Electronic Communications Network (whether or not Signals comprised in, or resulting from the provision of, such Services have previously been, or are subsequently conveyed by, any other Public Electronic Communications Network); or

(b) the Communications Provider provides an Electronic Communications Service to another person by means of its Public Electronic Communications Network by means of which that person, to the knowledge of the Communications Provider, provides a Controlled Premium Rate Service (whether or not Signals comprised in, or resulting from the provision of, such Services have previously been, or are subsequently conveyed by, any other Public Electronic Communications Network),

that Communications Provider shall comply with the provisions of such a code of practice as may be directed by OFCOM from time to time for the purposes of this Condition. Such code of practice shall relate to any description of Controlled Premium Rate Service or to all Controlled Premium Rate Services, and shall be applied and administered by a body of persons specified in the direction by OFCOM.

16.2 OFCOM may determine, subject to such conditions as they think fit, that:

(a) any Controlled Premium Rate Service of any description, or any individually specified such Service provided by a person named in the determination, is not to be treated as a Controlled Premium Rate Service for the purpose of this Condition; and

(b) any individually specified Controlled Premium Rate Service in respect of which a determination under sub-paragraph (a) above has been made or which is within a description of Controlled Premium Rate Services in respect of which such a determination has been made, is to be treated as Controlled Premium Rate Service for the purposes notwithstanding such determination,

and, where a determination of the kind specified in sub-paragraph (b) above is made, the provisions of this Condition shall apply to such a Service from the date specified in the determination.

16.3 In this Condition, subject to paragraph 16.4 below and any determination made by OFCOM pursuant to paragraph 16.2 above, a Controlled Premium Rate Service (other than a Find-me-anywhere Service) is one in respect of which:

(a) the person responsible for paying the charges for the Call by means of which the Service is obtained is billed by means of his telephone bill for any amount in respect of the provision of the Service;

(b) part of the overall charge paid by that person to the Communications Provider for the Service, being payment for the content of the Call or other product or service delivered in the course of, or as a direct consequence of, the Call, is passed on by the Communications Provider, directly or indirectly, to the person providing the Service (or, where that person is the Communications Provider itself, to that part of the Communications Provider's business which provides the Service and is credited with revenue from that part of its business which conveys the Signals comprised in, or resulting from the provision of, the Service); and

(c) either:

(i) the charge for the Call by means of which the Service is obtained or the rate according to which such Call is charged is a charge or rate which exceeds any amount determined by OFCOM;

(ii) the Service is a Chatline Service.

16.4 For the purposes of paragraph 16.3(c)(i), OFCOM shall determine, from time to time an amount for the charge of the Call by means of which the Controlled Premium Rate Service is obtained or the rate according to which such Call is charged or both which, when exceeded, means that paragraph 16.3(c)(i) is satisfied. In making such a determination, OFCOM shall have regard to the prevailing standard rates for premium rate calls of providers providing Controlled Premium Rate Services from time to time.

16.5 An international call which terminates on a Public Electronic Communications Network outside the United Kingdom is not a Controlled Premium Rate Service. For the purposes of this Condition, an "international call" means the conveyance of any Signal by means of the Communications Provider's Public Electronic Communications Network which has been, or is to be conveyed, by means of any Public Electronic Communications Network outside the United Kingdom but, for the avoidance of any doubt, an international call does not include any call terminated on a Public Electronic Communications Network within the United Kingdom.

16.6 In this Condition:

(a) "Call" includes a call made by a computer or made automatically by any other terminal apparatus;

(b) "Chatline Service" means a service which consists of or includes the enabling of more than two persons (the participants) simultaneously to conduct a telephone conversation without either:

(i) each of them having agreed with each other; or

(ii) one or more of them having agreed with the person enabling such a telephone conversation to be conducted,

in advance of making the Call enabling them to engage in the conversation, the respective identities of the other intended participants or the Telephone Numbers on which they can be called. For the avoidance of any doubt, a service by which one or more additional persons who are known (by name or Telephone Number) to one or more of the parties conducting an established telephone conversation can be added to that conversation by means of being called by one or more of such parties is not on that account a Chatline Service, if it would otherwise not be regarded as such a service;

(c) "Controlled Premium Rate Service" has the meaning given to it in paragraph 16.3;

(d) "Find-me-anywhere Service" means a service that enables a person to be contacted, whatever the location of that person, where the call charge is not distance dependant, and for which purpose a particular series of Telephone Numbers have been designated for such Find-me-anywhere Services under the National Telephone Numbering Plan.

17. USE OF AUTOMATIC CALLING EQUIPMENT

17.1 This Condition applies where:

(a) the Communications Provider initiates automatically in accordance with stored instructions a sequence of voice and/or facsimile calls; and

(b) the Communications Provider intends or reasonably expects to transmit for reception by persons at some or all of the destinations so called a voice and/or facsimile call which:

(i) does not consist of live speech;

(ii) is for the purpose of the transmission or reception of facsimile messages; or

(iii) is for the purpose of identifying whether Apparatus addressed by the Telephone Number so called is capable of the transmission or reception of facsimile messages.

17.2 Except insofar as OFCOM consent in writing otherwise, the Communications Provider shall:

(a) ensure each recipient of calls referred to in paragraph 17.1 has, prior to the call being initiated, consented to receive such calls; and

(b) maintain, or secure that there is maintained, a record giving particulars of the persons referred to in paragraph 17.2(a).

17.3 The Communications Provider shall, where one or more of the calls referred to in paragraph 17.1 constitutes Signals comprising of matter that has been recorded, ensure that the matter which has been recorded includes:

(a) a contact name; and

(b) either a contact address or a contact freephone Telephone Number,

for the person or organisation on whose behalf the call was initiated.

17.4 This Condition does not apply to any services which the Communications Provider supplies pursuant to Condition 5.

17.5 This condition shall have no application where regulation 22 of the Telecommunications (Data Protection and Privacy) Regulations 1999.

18. SPECIAL MEASURES FOR END USERS WITH DISABILITIES

18.1 The Communications Provider shall from time to time consult the Consumer Panel to ensure that the requirements and interests of disabled End users are fully taken into account in the development and provision of its services.

18.3 The Communications Provider shall ensure that any End user of its services who is so blind or otherwise disabled as to be unable to use a printed Directory, can access, free of charge, Directory Information and Directory Enquiry Facilities in a form which is appropriate to meet their needs.

18.4 Where the Communications Provider provides a Directory Enquiry Facility, the Communications Provider shall, following a request to be advised of Telephone Number by a person who is so blind or otherwise disabled as to be unable to use a Directory, and on request of that person, connect that person to the requested Telephone Number.

18.5 The Communications Provider shall ensure that such of its Subscribers who need to use Textphones because of their disabilities are able to access a Relay Service. Such Subscribers shall be charged for the conveyance of messages to which a Relay Service applies at no more than the equivalent price as if that conveyance had been made directly between the caller and the called person without use of a Relay Service:

(a) except that the calling person may be charged standard local prices for the call made to the Relay Service provider in order to make a call irrespective of whether the call is successful; and

(b) applying a special tariff scheme designed to compensate Subscribers who need to use Textphones for the additional time to make telephone calls using a Relay Service.

18.6 The Communications Provider shall ensure that any End users of its services using Textphones:

(a) have access to Emergency Organisations, operator assistance services and a Directory Enquiry Facility using short code numbers; and

(b) receive call progress voice announcements in a suitable form.

18.7 The Communications Provider shall provide a priority Fault Repair Service as swiftly as practicable to any Subscriber with disabilities who has a genuine need for an urgent repair. Charges for a priority Fault Repair Service shall not exceed the standard charge for a Fault Repair Service.

18.8 The Communications Provider shall ensure that such of its Subscribers who are so disabled such that they are dependent on the telephone are able to participate in a scheme to safeguard telephone services to such Subscribers. The scheme shall:

(a) enable such Subscribers to give prior notification to the Communications Provider of a nominee to whom-

(i) that Subscriber's telephone bill shall initially be sent; or

(ii) any enquiry to establish why a telephone bill has not been paid shall be made;

(b) permit the nominee to pay that Subscriber's bill on their behalf;

(c) require the nominee to give prior consent to the Communications Provider to act in such capacity;

(d) not require the nominee to accept liability to pay the telephone bills of that Subscriber; and

(e) be provided at no cost to such a Subscriber.

18.9 The Communications Provider shall make available, free of charge, and in a format reasonably acceptable to any Subscriber who is blind or whose vision is impaired, upon their request:

(a) any contract (or any subsequent variation) with that Subscriber for the provision of Publicly Available Telephone Services, including any publicly available terms or conditions referred to in that contract or variation;

(b) any bill rendered in respect of those services.

An acceptable format would, for these purposes, consist of print large enough for such Subscriber to read, Braille or electronic format appropriate to the reasonable needs of the Subscriber.

18.10 The Communications Provider shall take all reasonable steps to ensure that the services which it provides in order to comply with the obligations contained in paragraphs 18.1 to 18.9 above are widely publicised, taking into consideration the need to disseminate information in appropriate formats through appropriate channels for disabled End users.

18.11 In this Condition:

(a) "Communications Provider" means a Communications Provider which provides Publicly Available Telephone Services;

(b) "Fault Repair Service" means a service consisting of such repair, maintenance, adjustment or replacement of any part of the Communications Provider's Electronic Communications Network, or such repair or adjustment of any connected or connectable Network, or such repair or replacement for any Apparatus for which the Communication Provider has undertaken the responsibility for repair and maintenance, as is necessary to restore and maintain a sufficient service;

(c) "Relay Service" means a service which:

(i) provides facilities for the receipt and translation of voice messages into text and the conveyance of that text to the Textphone of customers of any operator and vice versa, and
(ii) has been determined by OFCOM to be a text Relay Service for the purposes of this Condition;
(d) "Subscriber" means an End user who is party to a contract with the Communications Provider for the provision of Publicly Available Telephone Services;
(e) "Textphone" means an integrated terminal incorporating an alphanumeric keyboard and means of displaying text, intended for connection to the Public Telephone Network for the sole or primary purpose of supporting live telephone conversations between two or more persons.

19. PROVISION OF ADDITIONAL FACILITIES

19.1 Where the Communications Provider provides a Public Telephone Network, it shall, subject to technical feasibility and economic viability, provide:

(a) tone dialling or dual-tone multi frequency operation, such that the Network supports the use of DTMF tones (as defined in ETSI ETR 207) for end-to-end signalling throughout the Network; and

(b) Calling-line Identification Facilities in accordance with the requirements of Relevant Data Protection Legislation.

19.2 This Condition shall not apply where OFCOM direct that it shall not apply to Communications Providers in all or part of the United Kingdom on the basis that there is already sufficient access to these facilities.

19.3 In this Condition, "Calling Line Identification Facilities" means facilities by which the Telephone Number of a calling party is presented to the called party prior to the call being established.

20. ALLOCATION AND ADOPTION OF TELEPHONE NUMBERS

General Prohibition

20.1 Except where OFCOM determine otherwise, the Communications Provider shall not adopt Telephone Numbers unless the Telephone Numbers have been allocated to the Communications Provider by OFCOM.

Requirements in Connection with the Adoption of Telephone Numbers

20.2 The Communications Provider shall have a Numbering Plan for such Telephone Numbers as OFCOM may allocate to it from time to time. Except where OFCOM otherwise consent in writing, such Numbering Plan shall be consistent with the National Telephone Numbering Plan. When applying for Telephone Numbers, the Communications Provider shall provide details of its Numbering Plan to OFCOM.

20.3 The Communications Provider shall install, maintain and adjust its switched Electronic Communications Network so that it routes Signals and otherwise operates in accordance with the National Telephone Numbering Plan. Without prejudice to the generality of the foregoing, such installation, maintenance and adjustment shall secure that an End user is able to make and receive calls or otherwise transmit communications to and from every Telephone Number which has been:

(a) allocated in accordance with the National Telephone Numbering Plan as a Telephone Number to be used for the purpose of identifying the destination for, or the recipient of, an Electronic Communication; and

(b) adopted by a Communication Provider as a Telephone Number to be used for that purpose.

20.4 Where Telephone Numbers have been allocated by OFCOM to the Communications Provider, that Provider shall secure that such Numbers are used effectively and efficiently in its adoption of Telephone Numbers, or otherwise managed or used in such a way. For the purposes of complying with this obligation, the Communications Provider shall furnish to OFCOM, without prejudice to section 98(9) of the Act, such information (including forecasts of potential usage of Telephone Numbers allocated by OFCOM for such period in the future as they may specify) which OFCOM may require, subject to the limitations in section 99 of the Act, to ascertain whether any contravention of that obligation has occurred or is occurring.

Use by Others of Telephone Numbers

20.5 The Communications Provider shall not unduly discriminate against another Communications Provider in relation to its adoption of Telephone Numbers for purposes connected with the use by that other Communications Provider, or his Customers, of any Electronic Communications Network or Electronic Communications Service.

20.6 The Communications Provider shall take all reasonably practicable steps to secure that its Customers, in using Telephone Numbers, comply with the provisions of this Condition, where applicable, and the provisions of National Telephone Numbering Plan.

Application for Allocation or Reservation of Telephone Numbers

20.7 When applying for an allocation or reservation of Telephone Numbers, the Communications Provider shall:

a) use an appropriate application form as published by OFCOM from time to time as they think fit;

b) provide such information as is required by such application form; and

c) provide to OFCOM, on request, any other information determined by OFCOM to be relevant to the application, and the supply of which does not place an undue burden on the Communications Provider.

20.8 OFCOM will determine, in accordance with their duties under the Act and taking into account the provisions of the National Telephone Numbering Plan, any application for Telephone Numbers by the end of the period of three weeks after the date of the receipt by OFCOM of the completed application form. Where OFCOM have required any additional information under paragraph 20.7(c) in relation to any application, OFCOM will determine the application by the end of the period of three weeks after the date of the receipt by OFCOM of that additional information.

Withdrawal of a Number Allocation

20.9 For the purposes of section 46(2) of the Act, it is hereby declared that OFCOM may withdraw an allocation of Telephone Numbers from a Communications Provider where:

(a) the Communications Provider has not adopted those Telephone Numbers within six months, or such other period as OFCOM may from time to time direct, from the date on which the Telephone Numbers were allocated, or

(b) in relation to an allocation of a series of Telephone Numbers, the Communications Provider has not adopted those Telephone Numbers to any significant extent within six months, or such other period as OFCOM may from time to time direct, from the date on which the series of Telephone Numbers was allocated.

20.10 In this Condition, "Numbering Plan" means a plan describing the method used or to be used for the adoption of a Telephone Number by the Communications Provider in respect of any Network Termination Point, user, Apparatus or service element.

21. NUMBER PORTABILITY

21.1 The Communications Provider shall provide Number Portability as soon as it is reasonably practicable on reasonable terms, including charges, to any of its Subscribers who so requests.

21.2 The Communications Provider shall, pursuant to a request of a provider of Publicly Available Telephone Services, provide Portability (other than Paging Portability) as soon as is reasonably practicable in relation to that request on reasonable terms and in accordance with the Functional Specification. The Donor Provider shall not charge the Recipient Provider for provision of such Portability other than in accordance with the following principles:

(a) subject always to the requirement of reasonableness, charges shall be cost orientated and based on the incremental costs of providing Portability unless:

(i) the Donor Provider and the Recipient Provider have agreed another basis for the charges; or

(ii) OFCOM has determined that another basis for charges should be used;

(b) the Donor Provider shall make no charge in relation to System Set-Up Costs or Additional Conveyance Costs;

(c) the Donor Provider shall make no charge or annual fee for ongoing costs related to registration of a ported Telephone Number or a Subscriber;

(d) the Recipient Provider shall pay charges based on the reasonable costs incurred by the Donor Provider in providing Portability with respect to each Telephone Number which may be paid by way of specific elements of the provision of the facility.

21.3 The Communications Provider shall, on the written request of OFCOM, provide OFCOM with a record of each telephone number in relation to which it is providing Portability, specifying the relevant Recipient Provider in each case.

21.4 In this Condition:

(a) "Additional Conveyance Costs" mean any costs incurred by the Donor Provider associated with resources used in:

(i) effecting the switch-processing required to set up each ported call; and

(ii) providing the switch and transmission capacity for any part of the duration of each ported call, additional to the costs of conveyance of non-ported calls from the Donor Provider's network to the Recipient Provider's network.

(b) "Donor Provider" means a Communications Provider whose Customer's Telephone Number or Numbers are in the process of being, or have been passed or ported to a Recipient Provider;

(c) "Functional Specification" means a document, which specifies technical and other principles which are intended to enable the efficient implementation and utilisation of Portability, published from time to time by OFCOM following consultation with such persons who, in OFCOM's opinion, are likely to be affected by the proposal and any other interested parties;

(d) "Non-geographic Number" means a Non-geographic Number but does not include a Telephone Number from the National Telephone Numbering Plan allocated for Radiopaging Services;

(e) "Number Portability" means a facility whereby Subscribers who so request can retain their Telephone Number on a Public Electronic Communications Network, independently of the person providing the service at the Network Termination Point of a Subscriber at a specific location in the case of Geographic Numbers or at any location in the case of Non-geographic Numbers;

(f) "Paging Portability" means Portability relating to Telephone Numbers allocated for use with Radiopaging Services;

(g) "Portability" means any facility which may be provided by a Communications Provider to a provider of Publicly Available Telephone Services enabling any Subscriber who requests Number Portability to continue to be provided with any Electronic Communications Service by reference to the same Telephone Number irrespective of the identity of the person providing such a service;

(h) "Radiopaging Service" means Electronic Communications Services consisting in the conveyance of Signals by means of Wireless Telegraphy where every Signal, apart from simple acknowledgement, is ultimately transmitted from a station for Wireless Telegraphy comprised in the Communications Provider's Electronic Communications Network to a station for Wireless Telegraphy or Wireless Telegraphy Apparatus that is not comprised in that Network;

(i) "Recipient Provider" means a Communications Provider to whom Customer Telephone Number(s) are in the process of being, or have been passed or ported from a Donor Provider;

(j) "Subscriber" means any person who is party to a contract with the provider of Publicly Available Telephone Services for the supply of such Services in the United Kingdom;

(k) "System Set-Up Costs" mean costs of the Donor Provider incurred?

(i) in the course of making network and system modifications, configuration and reconfiguration, including adapting or replacing software;

(ii) in the course of testing functionality within that Provider's network and in conjunction with any Recipient Provider's network,
thereby establishing the technical and administrative capability to provide Portability.

22. PROVISION OF DIRECTORY INFORMATION

22.1 Where the Communications Provider has been allocated Telephone Numbers by OFCOM in accordance with Condition 20, it shall meet all reasonable requests from any Communications Provider of Publicly Available Telephone Services to make available the Directory Information of:

(a) its Subscribers who have been allocated those Telephone Numbers, and

(b) any other End user sub-allocated a Telephone Number originally allocated to the Communications Provider

for the purposes of the provision of Directories and Directory Enquiry Facilities.

22.2 Where the Communications Provider has been sub-allocated Telephone Numbers by another person, it shall on request supply to:

(a) the person who sub-allocated such Telephone Numbers to it; or

(b) if different from the above, the Communications Provider who was originally allocated such Telephone Numbers by OFCOM

the Directory Information of the Communications Provider's Subscribers and of any other End user assigned a Telephone Number from the Telephone Numbers sub-allocated to the Communications Provider.

22.3 Where the Communications Provider is requested to supply Directory Information in accordance with paragraphs 22.1 or 22.2, it shall do so on terms which are fair, cost-oriented and non-discriminatory, and in a format which is agreed between the Communications Provider and the person requesting the information. Where no such agreement is reached, OFCOM may determine the format to be applied to the information.

22.4 This Condition applies subject to the requirements of Relevant Data Protection Legislation.

23. NON-GEOGRAPHIC NUMBERS

23.1 Where the Communications Provider adopts Non-geographic Numbers, it shall ensure, where technically and economically feasible, that End users from Member States of the European Union outside of the United Kingdom are able to access those Non-geographic Numbers.

23.2 The Communications Provider shall limit access by calling End users located in specific geographical areas to Non-geographic Numbers allocated to a Subscriber where that Subscriber has chosen for commercial reasons to limit such access.