|
APPENDIX 3
The four transposition tables set out below identify how the requirements of each of the four Communications Directives have been dealt with in the Communications Bill.
DIRECTIVE 2002/21/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON A COMMON REGULATORY FRAMEWORK FOR ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES
THE FRAMEWORK DIRECTIVE
| Article Number | Clause Number (s) |
| CHAPTER I | SCOPE, AIM AND DEFINITIONS |
| Article 1 | Scope and aim |
| (1) to (3) | No implementation required. Identifies aim and scope of the Directive |
| (4) | Directive 1999/5/EC implemented separately by S.I. 2000/730. |
| |
| Article 2 | Definitions |
| (a) | cl. 28(1) |
| (b) | cl.79 |
| (c) | cl. 28(2) |
| (d ) | cl. 146(1)
|
| (e) | cl. 28(3) |
| (f) | cl. 71(3) |
| (g) | Cl. 146(1) and (5) |
| (h) | Not used in Bill |
| (i) | This meaning not used in Bill |
| (j) | Cl. 61 |
| (k) | Not used in Bill |
| (l) | Cl.146(1) - |
| (m) | Cl. 28(4)(a) |
| (n) | Cl.146(1) |
| (o) | Not used in Bill |
| (p) | Cl. 70(3) and (4) |
| |
| CHAPTER II | NATIONAL REGULATORY AUTHORITIES |
| Article 3 | National regulatory authorities |
| (1) | OFCOM Act 2002 |
| (2) | OFCOM Act 2002, section 1 and paragraphs 1 and 17 of the Schedule |
| (3) | As above |
| (4) | All task set out in various enactments, which are all published |
| (5) | Cl. 379 and Part 9 of the Enterprise Bill |
| (6) | To be done administratively |
| |
| Article 4 | Right of appeal |
| (1) | cl. 187 to 191 and Schedule 8 |
| (2) | Does not apply: appeal body in Bill is judicial |
| |
| Article 5 | Provision of information |
| (1) | cl. 131 to 133 |
| (2) | Cl.22 |
| (3) | Nothing additional required, covered by common law breach of confidence |
| (4) | cl.23 |
| (5) | cl.23(6) |
| |
| Article 6 | Consultation and transparency mechanism |
| There are a number of provisions in the Bill which require consultation including, Clauses 44, 45, 76, 102, 103, 111 and 388 |
| |
| Article 7 | Consolidating the internal market for electronic communications |
| (1) | Cl 4 |
| (2) | Cl.4(4) |
| (3) | Cl.46(3), cl.76 and cl.77(3) |
| (4) | Cl.78 |
| (5) | cl.44(5) and cl.45(8) |
| (6) | Have not taken up this derogation |
| |
| CHAPTER III | TASKS OF NATIONAL REGULATORY AUTHORITIES |
| Article 8 | Policy objectives and regulatory principles |
| (1) | Clause 4 |
| (2) | Clause 4(3) |
| (3) | Clause 4(4) |
| (4) | Clause 4(5) |
| |
| Article 9 | Management of radio frequencies for electronic communications services |
| (1) | Cl.149 |
| (3) | Cl. 163 |
| (4) | Cl. 163 |
| |
| Article 10 | Numbering, naming and addressing |
| (1) | Will be implemented in the conditions set under clause 54 |
| (2) | Cl. 59(2) |
| (3) | Cl. 52 |
| |
| Article 11 | Rights of way |
| (1) | Cls. 102 to 115 plus, Schedule 3 and Schedule 2 to TA 1984. |
| (2) | Will be dealt with administratively |
| (3) | Cl.187 |
| |
| Article 12 | Co-location and facility sharing |
| (1) | cl. 104(4)(c), cl.105(2)(d) |
| (2) | Cl. 69(3) |
| |
| Article 13 | Accounting separation and financial reports |
| (1) | cl. 41(6), cl. 42(4) and cl.73 |
| (2) | Cl. 73(3)(b) and (c) |
| |
| CHAPTER IV | GENERAL PROVISIONS |
| Article 14 | Undertakings with significant market power |
| Cl. 74 |
| |
| Article 15 | Market definition procedure |
| (1) | Action for European Commission |
| (2) | Action for European Commission |
| (3) | cl. 75 |
| (4) | cl. 79 |
| |
| Article 16 | Market analysis procedure |
| (1) | cl. 76 and cl. 80(2) and (3) |
| (2) | cl. 41(7), (8)
|
| (3) | cl. 80(4) |
| (4) | cl. 42(7) and cl. 83
83 to 88 |
| (5) | Cl. 79 |
| (6) | As above |
| |
| Article 17 | Standardisation |
| (1) | Action for European Commission |
| (2) | cl.4(9) and (10)
Cl.47(1)(g) |
| (3) | No immediate action for Member States |
| (4) | Action for European Commission |
| (5) | Action for European Commission |
| (6) | Action for European Commission |
| (7) | Directive 1999/5/EC implemented separately by S.I. 2000/730. |
| |
| Article 18 | Interoperability of digital interactive television services |
| To be implemented separately and not as part of Communications Bill |
| |
| Article 19 | Harmonisation procedures |
| No immediate action for Member States. If action eventually required will be done by issuing of direction under Cl 5 |
| |
| Article 20 | Dispute resolution between undertakings |
| (1) | Cl. 180, 183, 186 |
| (2) | Cl. 181 |
| (3) | Cl. 4 |
| (4) | Cl. 183 |
| (5) | Cl. 182 |
| |
| Article 21 | Resolution of cross-border disputes |
| | Cl. 184 |
| |
| Article 22 | Committee |
| | No requirement on Member States |
| |
| Article 23 | Exchange of information |
| No requirement on Member States - action for Commission |
| |
| Article 24 | Publication of information |
| This is to be dealt with administratively |
| |
| Article 25 | Review procedures |
| cl.21 |
| |
| CHAPTER V | FINAL PROVISIONS |
| Article 26 | Repeal |
| No requirement on Member States |
| |
| Article 27 | Transitional measures |
| Schedule 18 paragraphs 5 and 6 |
| |
| Article 28 | Transposition |
| |
| Article 29 | Entry into force |
| No requirement on Member States |
| |
| Article 30 | Addressees |
| No requirement on Member States |
| |
| Annex I | No requirement on Member States |
| |
| Annex II | cl.74(5) |
|
DIRECTIVE 2002/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE AUTHORISATION OF ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES
THE AUTHORISATION DIRECTIVE
| Article Number | Clause Number (s) |
| Article 1 | Objective and scope |
| No implementation required. Identifies aim of Directive |
| |
| Article 2 | Definitions |
| (2)(a) | Cl. 42(2) |
| (2)(b) | Cl. 178 |
| |
| Article 3 | General authorisation of electronic communications networks and services |
| (1) | Chapter 1 of Part 2
and Cl.128 and 129 |
| (2) | cl. 29 |
| (3) | cl.29(5), (6) (7) and (8) and
cl.40 |
| |
| Article 4 | Minimum list of rights derived from the general authorisation |
| (1) | Cl. 102, cl.103 |
| (2) | cl.47(1)(b),
Cl.62 |
| |
| Article 5 | Rights of use for radio frequencies and numbers |
| (1) | Cl. 161 |
| (2) | Will be implemented in the conditions set under clause 54 |
| (3) | Cl. 54(4); cl. 148; Sch. 17 para. 8(5) |
| (4) | Ditto |
| |
| Article 6 | Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers and specific obligations |
| (1) | Cls. 29 to 30 (notification)
Cls. 34 to 35 (administrative charge)
Cls 41(3), 42(2), 47, 48, 53, 54 and 60 (general conditions)
Cls. 102 to 115 (Electronic communications code)
Cls. 131 to 133 (Information provisions)
Sch. 17 para 8(9) (spectrum) |
| (2) | cls.41 (4), (5), (7) and (8), 42(3), (5), (6) and (7)
and
cl 61 (universal service conditions)
cl 69 (access-related conditions)
cls. 83 to 88 (SMP services conditions) |
| (3) | See entry for Part A of Annex |
| (4) | Cl. 160(new subsection 2C only) |
| |
| Article 7 | Procedure for limiting the number of rights of use to be granted for radio frequencies |
| (1) | Cl. 159 |
| (2) | Cl.159 |
| (3) | Cl. 4 ; Cl. 159 |
| (4) | Sch. 17 para 8(5) |
| |
| Article 8 | Harmonised assignment of radio frequencies |
| Shall be secured if necessary by a direction given under cl. 5 |
| |
| Article 9 | Declarations to facilitate the exercise of rights to install facilities and rights of interconnection |
| Clause 142 |
| |
| Article 10 | Compliance with the conditions of the general authorisation pr of rights of use and with specific obligations |
| (1) | cl. 131 to 133 |
| (2) | Cls 31 to 33 (enforcement of advance notification provisions)
Cls.36 to 39 (enforcement of administrative charge provisions)
Cl. 57(3) (withdrawal of telephone number allocations)
Cls. 90 to 96 (enforcement of conditions)
Cls. 106 to 110 (enforcement of restrictions and conditions for which application of electronic communications code subject),
Cls.134 to 136 (enforcement of information provisions)
Cls. 164, 167, 169 (spectrum enforcement) |
| (3) | Cls 32, 33, 37, 91, 92, 107, 108, 135, 140 and 169 |
| (4) | cl.135 |
| (5) | cls. 38 and 39(administrative charge)
Cl. 57(3) (withdrawal of telephone number allocations)
cl.96 (conditions of entitlement) cl.136 and cl 138 to 139 (information provision) cl. 109 (electronic communications code)
Cls. 164, 168 (spectrum enforcement) |
| (6) | cl. 94
Cl. 164, 169 (spectrum enforcement) |
| (7) | clause 187 |
| |
| Article 11 | Information required under the general authorisation, for rights of use and for the specific obligations |
| (1) | cl. 131, cl. 166 |
| (2) | cl. 131(4), cl. 166 |
| |
| Article 12 | Administrative charges |
| (1) | Cls.34 to 35 |
| (2) | cl. 34 (9) and (10) |
| |
| Article 13 | Fees for rights of use and rights to install facilities |
| (1) | cl.34(6)(g)
cl. 54(1)(b), (5) and (6) |
| |
| Article 14 | Amendment of rights and obligations |
| (1) | Cls. 43 to 44 Cl. 56
Cls 102. 103 and 111
Cl. 164 |
| (2) | clause 109 |
| |
| Article 15 | Publication of information |
| Cl. 23 |
| |
| Article 16 | Review procedures |
| Cl. 21 |
| |
| Article 17 | Existing authorisations |
| Abolishing current regulatory regime and replacing with a new regulatory regime. As such not necessary to bring old regime into line with Directives |
| |
| Article 18 | Transposition |
| |
| Article 19 | Entry into force |
| No requirement on Member States |
| |
| Article 20 | Addressees |
| No requirement on Member States |
| |
| Annex | |
| |
| Part A | Conditions which may be attached to a general authorisation |
| Cls.41(3) and 47 |
| (1) | Cl. 47(1)(d)
|
| (2) | Cols 34 to 35
|
| (3) | Cl. 47 (1)(b) |
| (4) | Cl. 53 |
| (5) | Cls. 102 to 105, schedule 3 and Schedule 2 to the Telecommunications Act 1984
|
| (6) | Cl. 60
|
| (7) | Forms part of UK's implementation of Telecommunications Data Protection Directive (Directive 97/66/EC |
| (8) | Cl. 47(1)(a)
and cl.48
|
| (9) | Not taking up this option to set conditions for this purpose |
| (10) | Cl. 29(5)
Cl. 131 |
| (11) | Forms part of UK's implementation of Data Protection Directive (Directive 95/46/EC) and the Telecommunications Data Protection Directive |
| (12) | Cl. 47(1)(e)
|
| (13) | Cl. 47 (1)(f)
|
| (14) | Cl. 47(1)(b) and (4)
|
| (15) | Cl. 47(1)(c) and (5)
|
| (16) | Forms part of UK's implementation of Telecommunications Data Protection Directive |
| (17) | Exemption Regulations under proviso to section 1(1) of WTA 1949 |
| (18) | Cl. 47(1)(g)
|
| |
| Part B | Conditions which may be attached to rights of use for radio frequencies |
| (1) | Cl. 153 |
| (2) | Wireless Telegraphy Act 1949 section 1 |
| (3) | Cl. 178 |
| (4) | Wireless Telegraphy Act 1949 section 1 |
| (5) | Cl. 163 |
| (6) | Wireless Telegraphy Act 1998 sections 1 and 3 |
| (7) | Wireless Telegraphy Act 1949 section 1 |
| (8) | Wireless Telegraphy Act 1949 section 1 |
| |
| Part C | Conditions which may be attached to rights of use for numbers |
| (1) | Cl.54(1) and (2) |
| (2) | Cl.54(1) and (2); cl. 57 |
| (3) | Cl.54(1) and (2) |
| (4) | Cl. 54(3) |
| (5) | Option in Directive for maximum duration not taken up in Bill |
| (6) | Cl.54(1) and (2) |
| (7) | Cl.54(1) and (2) |
| (8) | Cl.54(1) and (2) |
| (9) | Cl.54(1) and (2) |
|
DIRECTIVE 2002/19/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON ACCESS TO, AND INTERCONNECTION OF, ELECTRONIC COMMUNUCATIONS NETWORKS AND ASSOCIATED FACILITIES
THE ACCESS DIRECTIVE
| Article Number | Clause Number (s) |
CHAPTER I
| SCOPE, AIM AND DEFINITIONS |
| Article 1 | Scope and aim |
| No implementation required. Identifies aim of Directive |
| Article 2 | Definitions |
| (a) | cl.146(3) and (4) |
| (b) | cl.146(2) |
| (c) to (e) | Not used in Bill |
| |
| CHAPTER II
| GENERAL PROVISIONS |
| Article 3 | General framework for access and interconnection |
| Nothing is required to ensure persons not restricted from negotiating access and interconnection |
| |
| Article 4 | Rights and obligations for undertakings |
| (1) | Cl. 41 (3) and cl. 47(1)(b)) |
| (2) | Not being dealt with in Bill |
| (3) | Cl. 41(3) and cl. 47(1)(b) |
| |
| Article 5 | Powers and responsibilities of the national regulatory authorities with regard to access and interconnection |
| (1) | cl.4(7)
cl.41(5), cl. 69(2) |
| (a) | cl. 69(2) and 70(1)
|
| (b) | Cls 42(6)(a), 69(2) and cl. 70(2)
|
| (2) | Cls 41(5), 69(4)
, and 71(1) |
| (3) | cl. 43 and 44 |
| (4) | Cl.101 |
| |
| CHAPTER III
| OBLIGATIONS ON OPERATORS AND MARKET REVIEW PROCEDURES |
| Article 6 | Conditional access system and other facilities |
| (1) | cl. 41(5), 69(5), cl.71(2) |
| (2) | No action for Member States |
| (3) | cl.72
Clause 44(3) |
| (4) | No action for Member States |
| |
| Article 7 | Review of former obligations for access and interconnection |
| (1) | Schedule 18, paragraphs 5 and 6 |
| (2) | No requirement for Member States - action for European Commission |
| (3) | Cl.80(2) and (3) |
| |
| Article 8 | Imposition, amendment or withdrawal of obligations |
| (1) | Cls.41(7) and (8), 83 to 85 |
| (2) | Cl.41(7),cl.42(7) and cl.83(2) |
| (3) | cl. 41
cl. 85 |
| (4) | cl. 43 and 44 |
| (5) | Cl 46(2) |
| |
| Article 9 | Obligation of transparency |
| Cl. 41(7) and (8) |
| (1) | cl.83(6)(b)
|
| (2) | cl. 83(6)(c), (d) and (e)
|
| (3) | As above |
| (4) | cl. 83(6)(b),(c),(d) and (e) |
| (5) | Action for Communications Committee |
| |
| Article 10 | Obligation of non-discrimination |
| Cl 41(7) and (8) |
| (1) | cl. 83(6)(a)
|
| (2) | cl. 83(6)(a)
|
| |
| Article 11 | Obligation of accounting separation |
| Cl. 41(7) and (8) |
| (1) | cl. 83(7) and (8)
|
| (2) | Cl 131 |
| |
| Article 12 | Obligations of access to, and use of, specific network facilities |
| Cl. 41(7) and (8) |
| (1) | cl. 83(3) and (5)
|
| (2) | cl. 83(4)
|
| |
| Article 13 | Price control and cost accounting obligations |
| Cl. 41(7) and (8) |
| (1) | cl.83 (9) and (10) and cl. 84
|
| (2) | Cl.84(1)(b) and (3)(a)
|
| (3) | Cl.83 (9)(d), (10) and 84(3)(b) |
| (4) | Cl.83(11) |
| |
| CHAPTER 4 | PROCEDURAL PROVISIONS |
| Article 14 | Committee |
| No requirement on Member States |
| |
| Article 15 | Publication of, and access to, information |
| (1) | Cl 23 |
| (2) | cl.21 |
| |
| Article 16 | Notification |
| (1) | This will be dealt with administratively |
| (2) | Cl.77(2) and cl.46(2) |
| |
| Article 17 | Review procedures |
| Cl.21 |
| |
| Article 18 | Transposition |
| |
| Article 19 | Entry into force |
| No requirement on Member States |
| |
| Article 20 | Addressees |
| No requirement on Member States |
| |
| Annex I | |
| Part I | Cls 69(5) and 71(2) |
| Part II | |
| |
| Annex II | cl. 83(6)(b),(c),(d) and (e) |
|
DIRECTIVE 2002/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON UNIVERSAL SERVICE AND USERS' RIGHTS RELATING TO ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES
THE UNIVERSAL SERVICE DIRECTIVE
| Article Number | Clause Number (s) |
CHAPTER I
| SCOPE, AIMS AND DEFINITIONS |
| Article 1 | Scope and aims |
| No implementation required. Identifies aim of Directive |
| Article 2 | Definitions |
(c) |
Cl. 47(2)
The Bill does not refer specifically to any of the other terms defined in this Article. |
| |
CHAPTER 2
| UNIVERSAL SERVICE OBLIGATIONS INCLUDING SOCIAL OBLIGATIONS |
| Article 3 | Availability of universal service |
| (1) | Cl.41(4), Cl.61, Cl.63 |
| (2) | Cl.43 |
| |
| Article 4 | Provision of access at a fixed location |
| Cl.41 (4), Cl.61, Cl. 63. |
| |
| Article 5 | Directory enquiry services and directories |
| Cl.41(4), Cl.61 andCl.63. |
| (3) | Cl.65 |
| |
| Article 6 | Public pay telephones |
| Cl.41(4), Cl.61 and Cl.63 |
| |
| Article 7 | Special measures for disabled users |
| Cl.41(4), Cl.61 and Cl.63 |
| |
| Article 8 | Designation of undertakings |
| Cls.42(5) and 62 |
| |
| Article 9 | Affordability of tariffs |
| Cl. 41(4), 61 and 63 |
| (1) | Cl.64(1) |
| (2) | Cl.64(2) |
| (3) | Cl.64(2) |
| (4) | Cl.64(2) |
| (5) | Cl.43 |
| |
| Article 10 | Control of expenditure |
| Cls. 41(4), 61 and 63 |
| (1) | Cl.64(3) and (4) |
| |
| Article 11 | Quality of service of designated undertakings |
| Cls. 41(4), 61, 63 and 131 to 133 |
| (1) | Cl.63(3) to (5) |
| (4) | Cl.63(8) and (9) |
| (6) | Cl.63(6) and (7) |
| |
| Article 12 | Costing of universal service obligations |
| (1) | Cl.66 |
| (2) | Cl. 66(4), (5), (6) and (7) |
| |
| Article 13 | Financing of universal service obligations |
| (1) | Cl.67 |
| (2) | Cl.67(5) |
| (3) | Cl.67(6) |
| (4) | Cls 47(1)(d) and 67 |
| |
| Article 14 | Transparency |
| (1) | cl.388 |
| (2) | Cl.68 |
| |
| Article 15 | Review of the scope of universal service |
| No requirement on Member States - action for European Commission |
| |
| CHAPTER 3 | REGULATORY CONTROLS ON UNDERTAKINGS WITH SIGNIFICANT MARKET POWER IN SPECIFIC MARKETS |
| Article 16 | Review of obligations |
| (1) | Schedule 18 paragraphs 5 and 6 |
| (2) | No requirement on Member States - action for European Commission |
| (3) | Cl 80 (2) and (3 |
| |
| Article 17 | Regulatory controls on retail services |
| Cls 41(7) and (8) and 42(7) |
| (1) | Cl.87
|
| (2) | Cl.43 |
| (3) | Cl.87(7) |
| (4) | Cl.87(6) |
| (5) | Cl 41(7) and (8) |
| |
| Article 18 | Regulatory controls on the minimum set of leased lines |
| Cls 41(7) and (8) and 42(7) |
| (1) | Cl.88 |
| (2) | Cl.80(4) |
| (3) | Cl. 88(1)(b) |
| |
| Article 19 | Carrier selection and carrier pre-selection |
| Cls 41(7) and (8) and 42(7) |
| (1) | Cl.86 |
| (2) | Cl 86(3), (4) and (5) |
| (3) | Cl.86(4) |
| |
| CHAPTER 4 | END-USER INTERESTS AND RIGHTS |
| Article 20 | Contracts |
| Cl. 47(1)(a) |
| |
| Article 21 | Transparency and publication of information |
| (1) | Cl.47(1)(a) |
| (2) | Cl. 23 |
| |
| Article 22 | Quality of service |
| Cl.47(1)(a) and cls 131 to 133 |
| |
| Article 23 | Integrity of the network |
| Cl.47(1)(c) and (e) |
| |
| Article 24 | Interoperability of consumer digital television equipment |
| Not dealt with in the Bill |
| |
| Article 25 | Operator assistance and directory enquiry services |
| Cl.47(1)(a); cl. 54(3) |
| |
| Article 26 | Single European emergency call number |
| Cl.47(1)(a) |
| |
| Article 27 | Non-geographic numbers |
| Cl.47(1)(a) |
| |
| Article 28 | Non-geographic numbers |
| Cl.47(1)(a) |
| |
| Article 29 | Provision of additional facilities |
| Cl.47(1)(a) |
| |
| Article 30 | Number portability |
| Cl.47(1)(a)
Clause 54(1)(e) |
| |
| Article 31 | "Must carry" obligations |
| cl. 60 |
| |
| CHAPTER 5 | GENERAL AND FINAL PROVISIONS |
| Article 32 | Additional mandatory services |
| Option. No current plans to take. |
| |
| Article 33 | Consultation with interested parties |
| Cl.44 and cl.388
Cl.15 |
| |
| Article 34 | Out-of -court dispute resolution |
| Cls 48 to 51 |
| |
| Article 35 | Technical adjustment |
| No requirement on Member States |
| |
| Article 36 | Notification, monitoring and review procedures |
| (1) | Cl.62(8) |
| (2) | Cl.46(2) and cl.77(2) |
| (3) | Cl.21 |
| |
| Article 37 | Committee |
| No requirement on Member States |
| |
| Article 38 | Transposition |
| |
| Article 39 | Entry into force |
| No requirement on Member States |
| |
| Article 40 | Adressees |
| No requirement on Member States |
| |
| Annex I | |
| Part A | Cl. 61 |
| Part B | Cl.47(1)(a) |
| |
| Annex II | Clause 47(1)(a) |
| |
| Annex III | Cl.63(3)(c) Cl.47(1)(a) |
| |
| Annex IV | Cl.66 |
| |
| Annex V | No requirement on Member States |
| |
| Annex VI | Not dealt with in Bill |
| |
| Annex VII | Cl.88 |
|
|
