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Emergency
Planning - Draft direction - 24 June 2003 |
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Chapter 1 Background to, effect of, and reasons for making the Draft Direction Annex A – Notification and Draft Direction SummaryS.1 This consultation invites comments on a draft direction relating to emergency planning under paragraph 5.1(b) of General Condition 5 of the General Conditions of Entitlement. The effect of the direction will be to specify a list of central and local government departments for the purposes of paragraph 5.1 of General Condition 5. Following the making of the direction, a Communications Provider to whom General Condition 5 applies will have to make arrangements for communications services in Disasters as specified in paragraph 5.1, following a request by the government departments specified in the direction and notified to the Communications Provider. The Communications Provider must consult with those departments in making those arrangements. S.2 The draft direction essentially replicates the determination made under Condition 19.1 of the PTO licences, Condition 23.1 of the National Transcommunication Licence and Condition 6.1 of the Crown Castle Licence that was issued by the Director General of Telecommunications on 23 May 2003.
Chapter 1Background to, effect of, and reasons for making the Draft Direction1.1 This consultation invites comments on a draft direction relating to emergency planning under paragraph 5.1(b) of General Condition 5 of the General Conditions of Entitlement. 1.2 The General Conditions of Entitlement were issued for consultation by the DTI on 19 March 2003 and that consultation concluded on 16 May 2003. The General Conditions will be set by the Director under Clause 42(2)(a) of the Communications Bill (as authorised by Clause 48(1)(e) of the Communications Bill) (References to the Communications Bill in this document are references to the version introduced in the House of Lords on 5th March 2003, available at www.communicationsbill.gov.uk). Alternatively, if the Communications Bill does not receive royal assent by 25th July 2003, the General Conditions will be contained in a statutory instrument (the draft Electronic Communications (General Conditions) Regulations 2003) (‘the draft Regulations’) made under the European Communities Act 1972. For further details of the DTI’s consultation see www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc.pdf. The text of the draft Regulations is posted at www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexA.pdf. The text of Oftel's proposals for General Conditions to be made under the Communications Bill is at www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexC.pdf. 1.3 The effect of the direction will be to specify a list of central and local government departments for the purposes of paragraph 5.1 of General Condition 5. Following the making of the direction, a Communications Provider to whom General Condition 5 applies will have to make arrangements for communications services in Disasters as specified in paragraph 5.1, following a request by the government departments specified in the direction and notified to the Communications Provider. The Communications Provider must consult with those departments in making those arrangements. 1.4 The Direction essentially replicates the determination made under Condition 19.1 of all PTO licences, Condition 23.1 of the National Transcommunication Licence and Condition 6.1 of the Crown Castle Licence that was issued by the Director General on 23 May 2003. The reason for making the determination under those licences (which were granted under the Telecommunications Act 1984 and which will cease post 25th July 2003) was due to changes in responsibilities and the titles of departments and central, local and unitary authorities and the creation of new local and central government departments. The Director therefore considered it appropriate that a new list of such departments should be determined. The Director is satisfied that the list annexed to the determination made under those licences remains an appropriate and up to date list hence he is proposing to make a direction under General Condition 5 which reflects that list. 1.5 The Director is satisfied that the draft Direction meets the tests set out in Clause 46(2) of the Communications Bill/Regulation 18(2) of the draft Electronic Communications (Networks and Services) Regulations 2003 (‘the draft Networks and Services Regulations). It is objectively justifiable, in that it relates to the need to ensure that the appropriate central and local government departments are consulted by Communications Providers in making arrangements for communications services in the event of Disasters. It is non-discriminatory, in that all Communications Providers affected by the direction will have to consult with the same government departments. It is proportionate, in that those government departments specified in the list are those with whom it is necessary to consult in making such arrangements, where a request for such arrangements is made. It is transparent in that the draft Direction, and its effect, have been set out in this consultation and will be set out in the forthcoming statement. 1.6 In proposing the draft Direction the Director has considered the Community requirements set out in Clause 4 of the Communications Bill/Regulation 4 of the draft Electronic Communications (Networks and Services) Regulations 2003 (available at http://www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexD.pdf), in particular the requirement to promote the interests of European citizens, which this draft Direction achieves by specifying a list of central and local government departments which must be consulted in preparing arrangements for Disasters. 1.7 A notification of the proposed direction, as required by Clause 46(4) of the Communications Bill/Regulation 18(4) of the draft Networks and Services Regulations, is at Annex A. The draft direction is contained in the schedule to that notification.
Chapter 2Consultation2.1 Oftel is publishing this consultation document so that interested parties may comment on the draft Direction which is contained in the schedule to the notification at Annex A. 2.2 Stakeholders are invited to comment on the draft Direction by 24 July 2003 Responses to this consultation will be published unless they are marked as confidential. 2.3 Where possible, comments should be made in writing and sent by e-mail to jean.brown@oftel.gov.uk . However, copies may also be posted or faxed to the address below. If any interested parties are unable to respond in one of these ways, they should discuss alternatives with the Oftel manager named below: Julia Bradford tel: 020 7634 8838 Further copies of this document 2.4 This document can be viewed in the Publications section of Oftel’s website. Paper copies and alternative formats such as large print, Braille, disc and audio cassette can be made available on request. Please contact Oftel’s Research and Information Unit by phoning 020 7634 8761 or by sending an e-mail to infocent@oftel.gov.uk. Publication of comments made by stakeholders 2.5 On this occasion, Oftel is not programming a formal period during which interested parties may comment on the responses made by others. Nevertheless, in the interests of transparency, comments will be published, except where respondents indicate that a response, or part of it, is confidential. Respondents are therefore asked to separate out any confidential material into a confidential annex, which is clearly identified as containing confidential material. Oftel will take steps to protect the confidentiality of all such material from the moment that it is received at Oftel’s offices. However, in the interests of transparency, respondents should avoid applying confidential markings wherever possible. 2.6 Non confidential responses can be viewed on Oftel’s website in the Publications section under Responses to Oftel consultations. Comments can also be viewed at Oftel’s Research and Information Unit. Appointments must be made in advance (see contact details in paragraph 2.4). e-mail notifications 2.7 Oftel has a free e-mail based mailing list to help people stay informed about the work that Oftel is doing. Each time an Oftel document is published and placed on Oftel’s website at www.oftel.gov.uk, subscribers to the list receive an e-mail alert. To register, please go to the What’s New section of the website and access the electronic form. The consultation criteria 2.8 Oftel considers that this document meets the Cabinet Office code of practice on written consultation documents in most respects. A shorter period of time for consultation has been allowed given the timing constraints in implementing the new EU Directives and also in view of the fact that this draft Direction is based on an earlier determination made under licences granted under the Telecommunications Act 1984. The code is reproduced below for convenience. If you have any comments or complaints about this consultation process please contact: Oftel co-ordinator for the code of practice: Robert Jex e-mail: rob.jex@oftel.gov.uk tel: 020 7634 5350 2.9 Timing of consultation should be built into the planning process for a policy (including legislation) or service from the start, so that it has the best prospect of improving the proposals concerned, and so that sufficient time is left for it at each stage. 2.10 It should be clear who is being consulted, about what questions, in what timescale and for what purpose. 2.11 A consultation document should be as simple and concise as possible. It should include a summary, in two main pages at most, of the main questions it seeks views on. It should make it as easy as possible for readers to respond, make contact or complain. 2.12 Documents should be made widely available, with the fullest use of electronic means (though not to the exclusion of others), and effectively drawn to the attention of all interested groups and individuals. 2.13 Sufficient time should be allowed for considered responses from all groups with an interest. 12 weeks should be the standard minimum period for consultation. 2.14 Responses should be carefully and open-mindedly analysed, and the results made widely available, with an account of the views expressed, and reasons for decisions finally taken. 2.15 Departments should monitor and evaluate consultations, designating a consultation co-ordinator who will ensure that all the lessons are disseminated.
Annex AThe Notification and draft DirectionNotification of proposals under Clause 46(4) of the Communications Bill/regulation 18(4) of the draft Regulations Proposal for making a Direction under paragraph 5.1(b) of the Condition 1. The Director-General of Telecommunications (the ‘Director’) hereby makes the following proposal for a Direction to be given under paragraph 5.1(b) of the Condition. 2. The draft Direction is set out in the Schedule to this Notification. 3. The effect of the draft Direction is set out in the accompanying Consultation Document. 4. The reasons for making the proposal for the Direction are set out in the accompanying Consultation Document. 5. Representations may be made to the Director about the proposed draft Direction by 4 July 2003. 6. Copies of this Notification have been sent to the Secretary of State pursuant to Clause 47(1)(a) of the Bill 7. For the purposes of this Notification the following definitions shall apply: "Communications Bill" means the Communications Bill, House of Lords version dated 5 March 2003; "Condition" means draft General Condition 5 to be set under Clause 42(2)(a) of the Communications Bill as authorised by Clause 48(1)(e) of the Communications Bill (available at www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexC)/ draft General Condition 5 contained in Part 2 of the Schedule to the draft General Conditions Regulations "Draft Regulations" means the draft Electronic Communications (Networks and Services) Regulations 2003 issued for consultation on 19 March 2003; and "Draft General Conditions Regulations" means the draft Electronic Communications (General Conditions) Regulations 2003 issued for consultation on 19 March 2003. David Albert
Edmonds July 2003 Schedule Draft Direction under paragraph 5.1(b) of the Condition WHEREAS- A. paragraph 5.1 of the Condition provides that the Communications Provider shall, on the request of and in consultation with the authorities responsible for Emergency Organisations and such departments of central and local government as the Director may from time to time direct and whose names are notified to the Communications Provider by the Director 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; B. the Director is minded to direct under paragraph 5.(1)(b) of the Condition that for the time being those central and local government departments with whom the Communications Provider shall be required to consult pursuant to paragraph 5.1 of the Condition and who may make a request for the arrangements specified in that paragraph to be made shall be those listed in the annex to this Direction. C.For the reasons set out in the Statement accompanying this Direction the Director is satisfied that this Direction is:
D. For the reasons set out in the Statement accompanying this Direction the Director is satisfied that he has acted in accordance with the relevant duties set out in [Section 4 of the Act / Regulation 4 of the Networks and Services Regulations]; E. A notification of a proposal to give this Direction was given in accordance with [Section 46(4) of the Act / Regulation 18(4) of the Networks and Services Regulations] on 1 June 2003 F. The Director has considered every representation made to him within the specified consultation period in making this Direction and these representations are discussed in Chapter [x] of the Statement accompanying this Direction; NOW, THEREFORE, THE DIRECTOR, PURSUANT TO PARAGRAPH 5.1(B) OF THE CONDITION, HEREBY DETERMINES THAT- 1. for the time being those central and local government departments with whom the Communications Provider shall be required to consult pursuant to paragraph 5.1 of the Condition and who may make a request for the arrangements specified in that paragraph to be made shall be those listed in the annex to this Direction; 2. in this Direction- ‘the Act’ means the Communications Act 2003; ‘Communications Provider’ shall have the same meaning as in the Condition; ‘the Condition’ means [General Condition 5 set by the Director on [insert date] under Clause 42 (2)(a) of the Act as authorised by Clause 48(1)(e) of the Act/General Condition 5 contained in Part 2 of the Schedule to the Regulations]; ‘the Networks and Services Regulations’ means the Electronic Communications (Networks and Services) Regulations 2003; and ‘the Regulations’ means the Electronic Communications (General Conditions) Regulations 2003. 3. Except insofar as the context otherwise requires, in this Direction 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/ the Networks and Services Regulations, the Electronic Communications (General Conditions) Regulations 2003/the General Conditions set by the Director on [insert date] pursuant to Section 42(2)(a) of the Act or the Condition]. 4. The Interpretation Act 1978 shall apply as if this Direction were an Act of Parliament. 5. Headings and titles shall be disregarded. DAVID ALBERT EDMONDS DIRECTOR GENERAL OF TELECOMMUNICATIONS [Date] ANNEX List of Central and Local Government Departments A.1 Central Government
Cabinet Office A.1.2 Other Government Departments Board of Inland
Revenue (IR) A.2 Northern Ireland The Northern Ireland
Executive A.3 Scotland The Scottish Executive
Office A.4 Wales National Assembly for Wales A.5 Local Government A.5.1 London Boroughs Bexley Council A.5.2 England: Metropolitan Councils Barnsley Metropolitan
Borough Council A.5.3 England: County Councils Bedfordshire County
Council A.5.4 England: District Councils Adur District Council A.5.5 England: Unitary Authorities Bath & North
East Somerset Council A.5.6 Northern Ireland Antrim Borough Council A.5.7 Scotland Aberdeen City Council A.5.8 Wales Blaenau Gwent County
Borough Council
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