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(c) to provide the person with such information about his rights as may be | |
necessary for the purpose of facilitating the negotiation by him of his | |
right to network access; or | |
(d) to provide the person with such information as they consider necessary | |
to enable the applicant to apply for a direction under section 102 to be | 5 |
made in his case. | |
(2) A request for the purposes of this section must be made in such manner as | |
OFCOM may require. | |
(3) OFCOM is not required to comply with a request under this section if (without | |
having been asked to do so) they have already given that person the | 10 |
notification or information for which he is asking. | |
(4) Any notification or information which under subsection (1) must be given or | |
provided by OFCOM must be given or provided before the end of the period | |
of one week beginning with the day on which the request for the notification | |
or information was made to OFCOM. | 15 |
Abolition of telecommunications licensing etc. | |
143 Repeal of provisions of Telecommunications Act 1984 | |
The following provisions of the Telecommunications Act 1984 (c. 12) shall | |
cease to have effect— | |
(a) sections 5 to 8 (licensing provisions); | 20 |
(b) sections 9 to 11 (public telecommunications systems); | |
(c) sections 12 to 15 (modification of licences); | |
(d) sections 16 to 19 (enforcement of licences); and | |
(e) sections 27A to 27L (standards of performance of designated public | |
telecommunications operators). | 25 |
Local authority powers in relation to networks and services | |
144 Powers of local authorities in connection with networks | |
(1) A local authority may borrow money for the purpose of providing a public | |
electronic communications network or public electronic communications | |
service. | 30 |
(2) A local authority may— | |
(a) provide a public electronic communications network part of which is | |
outside their area; and | |
(b) provide a public electronic communications service even if some of the | |
persons to whom they provide the service are outside their area. | 35 |
(3) In this section, a ‘local authority’ means— | |
(a) in relation to England, a London borough council or a district council; | |
(b) in relation to Wales, a county council or a county borough council; | |
(c) in Scotland, a council constituted under section 2 of the Local | |
Government etc. (Scotland) Act 1994 (c. 39). | 40 |
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145 Grants by district councils in Northern Ireland | |
(1) This section applies where a district council in Northern Ireland consider that | |
it would be for the benefit of their area— | |
(a) for a public electronic communications network or electronic | |
communications service to be provided by a particular person; | 5 |
(b) for facilities to be made available by a particular person for the | |
purposes of, or in connection with, the provision of such a network or | |
service; or | |
(c) for such a network or service that is being provided by a particular | |
person, or for any such facilities that are being so made available by a | 10 |
particular person, to continue to be provided or made available. | |
(2) The district council may— | |
(a) undertake to pay to that person, and | |
(b) pay him, | |
whatever sums they think appropriate for, or towards, compensating him for | 15 |
losses sustained in the provision of the network or service or in making the | |
facilities available. | |
(3) For the purposes of this section it is immaterial— | |
(a) in the case of a network, whether any part of the network is situated in | |
the council’s area; and | 20 |
(b) in the case of a service or facility, whether any of the persons to whom | |
the service or facility is provided or made available are in that area. | |
Interpretation of Chapter 1 | |
146 Interpretation of Chapter 1 | |
(1) In this Chapter— | 25 |
“the Access Directive” means Directive 2002/19/EC of the European | |
Parliament and of the Council on access to, and interconnection of, | |
electronic communications networks and associated facilities; | |
“access-related condition” means a condition set as an access-related | |
condition under section 41; | 30 |
“allocation” and “adoption”, in relation to telephone numbers, and | |
cognate expressions, are to be construed in accordance with section 52; | |
“apparatus market”, in relation to a market power determination, is to be | |
construed in accordance with section 42(9)(b); | |
“designated universal service provider” means a person who is for the | 35 |
time being designated in accordance with regulations under section 62 | |
as a person to whom universal service conditions are applicable; | |
“electronic communications apparatus” has the same meaning as in the | |
electronic communications code; | |
“the electronic communications code” has the meaning given by section | 40 |
102(1); | |
“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; | 45 |
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(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; | |
“the Framework Directive” means Directive 2002/21/EC of the European | 5 |
Parliament and of the Council on a common regulatory framework for | |
electronic communications networks and services; | |
“general condition” means a condition set as a general condition under | |
section 41; | |
“interconnection” is to be construed in accordance with subsection (2); | 10 |
“market power determination” means— | |
(a) a determination, for the purposes of provisions of this Chapter, | |
that a person has significant market power in an identified | |
services market or an identified apparatus market, or | |
(b) a confirmation for such purposes of a market power | 15 |
determination reviewed on a further analysis under section 80 | |
or 81; | |
“misuse”, in relation to an electronic communications network or | |
electronic communications service, is to be construed in accordance | |
with section 124(5) and (8), and cognate expressions are to be construed | 20 |
accordingly; | |
“network access” is to be construed in accordance with subsection (3); | |
“persistent” and “persistently”, in relation to misuse of an electronic | |
communications network or electronic communications service, are to | |
be construed in accordance with section 124(6) and (7); | 25 |
“premium rate service” is to be construed in accordance with section | |
116(7); | |
“privileged supplier condition” means a condition set as a privileged | |
supplier condition under section 41; | |
“provider”, in relation to a premium rate service, is to be construed in | 30 |
accordance with section 116(9), and cognate expressions are to be | |
construed accordingly; | |
“public communications provider” means— | |
(a) a provider of a public electronic communications network; | |
(b) a provider of a public electronic communications service; or | 35 |
(c) a person who makes available facilities that are associated | |
facilities by reference to a public electronic communications | |
network or a public electronic communications service; | |
“public electronic communications network” means an electronic | |
communications network provided wholly or mainly for the purpose | 40 |
of making electronic communications services available to members of | |
the public; | |
“public electronic communications service” means any electronic | |
communications service that is provided so as to be available for use by | |
members of the public; | 45 |
“regulatory authorities” is to be construed in accordance with subsection | |
(5); | |
“relevant international standards” means— | |
(a) any standards or specifications from time to time drawn up and | |
published in accordance with Article 17 of the Framework | 50 |
Directive; | |
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(b) the standards and specifications from time to time adopted | |
by— | |
(i) the European Committee for Standardisation, | |
(ii) the European Committee for Electrotechnical | |
Standardisation; or | 5 |
(iii) the European Telecommunications Standards Institute; | |
and | |
(c) the international standards and recommendations from time to | |
time adopted by— | |
(i) the International Telecommunications Union; | 10 |
(ii) the International Organisation for Standardisation; or | |
(iii) the International Electrotechnical Committee; | |
“service interoperability” means interoperability between different | |
electronic communications services; | |
“services market”, in relation to a market power determination or market | 15 |
identification, is to be construed in accordance with section 42(8)(a); | |
“significant market power” is to be construed in accordance with section | |
74; | |
“SMP condition” means a condition set as an SMP condition under section | |
41, and “SMP services condition” and “SMP apparatus condition” are | 20 |
to be construed in accordance with subsections (8) and (9) of that | |
section respectively; | |
“telephone number” has the meaning given by section 52(5); | |
“the Universal Service Directive” means Directive 2002/22/EC of the | |
European Parliament and of the Council on universal service and | 25 |
users’ rights relating to electronic communications networks and | |
services; | |
“universal service condition” means a condition set as a universal service | |
condition under section 41; | |
“the universal service order” means the order for the time being in force | 30 |
under section 61. | |
(2) In this Chapter references to interconnection are references to the linking | |
(whether directly or indirectly by physical or logical means, or by a | |
combination of physical and logical means) of one public electronic | |
communications network to another for the purpose of enabling the persons | 35 |
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). | |
(3) In this Chapter references to network access are references to— | 40 |
(a) interconnection of public electronic communications networks; or | |
(b) any services, facilities or arrangements which— | |
(i) are not comprised in interconnection; but | |
(ii) are services, facilities or arrangements by means of which a | |
communications provider or person making available | 45 |
associated facilities is able, for the purposes of the provision of | |
an electronic communications service (whether by him or by | |
another), to make use of anything mentioned in subsection (4); | |
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and references to providing network access include references to providing | |
any such services, making available any such facilities or entering into any | |
such arrangements. | |
(4) The things referred to in subsection (3)(b) are— | |
(a) any electronic communications network or electronic communications | 5 |
service provided by another communications provider; | |
(b) any apparatus comprised in such a network or used for the purposes of | |
such a network or service; | |
(c) any facilities made available by another that are associated facilities by | |
reference to any network or service (whether one provided by that | 10 |
provider or by another); | |
(d) any other services or facilities which are provided or made available by | |
another person and are capable of being used for the provision of an | |
electronic communications service. | |
(5) References in this Chapter to the regulatory authorities of member States are | 15 |
references to such of the authorities of the member States as have been notified | |
to the European Commission as the regulatory authorities of those States for | |
the purposes of the Framework Directive. | |
(6) For the purposes of this Chapter, where there is a contravention of an | |
obligation that requires a person to do anything within a particular period or | 20 |
before a particular time, that contravention shall be taken to continue after the | |
end of that period, or after that time, until that thing is done. | |
(7) References in this Chapter to remedying the consequences of a contravention | |
include references to paying an amount to a person— | |
(a) by way of compensation for loss or damage suffered by that person; or | 25 |
(b) in respect of annoyance, inconvenience or anxiety to which he has been | |
put. | |
(8) In determining for the purposes of provisions of this Chapter whether a | |
contravention is a repeated contravention for any purposes, a notification of a | |
contravention under that provision shall be disregarded if it has been | 30 |
withdrawn before the imposition of a penalty in respect of the matters notified. | |
(9) For the purposes of this section a service is made available to members of the | |
public if members of the public are customers, in respect of that service, of the | |
provider of that service. | |
Chapter 2 | 35 |
Spectrum use | |
General functions relating to spectrum use | |
147 General functions of OFCOM in relation to radio spectrum | |
(1) It shall be a function of OFCOM— | |
(a) to give such advice in relation to the use of the electro-magnetic | 40 |
spectrum for wireless telegraphy, | |
(b) to provide such other services, and | |
(c) to maintain such records, | |
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as they consider appropriate for the purpose of facilitating or managing the use | |
of that spectrum for wireless telegraphy. | |
(2) It shall be a function of OFCOM, in relation to the use of the electro-magnetic | |
spectrum for wireless telegraphy— | |
(a) to give such further advice, | 5 |
(b) to provide such other services, and | |
(c) to maintain such other records, | |
as the Secretary of State may, for the purpose of securing compliance with the | |
international obligations of the United Kingdom, require them to provide. | |
(3) The advice, the other services and the records that OFCOM may give, provide | 10 |
or maintain under this section include advice, other services and records with | |
respect to the use of the electro-magnetic spectrum at places outside the United | |
Kingdom. | |
(4) The powers of OFCOM to carry out research, or to arrange for others to carry | |
out research, are to be exercisable, in particular, for ascertaining, for the | 15 |
purpose of carrying out their functions under this section, information about— | |
(a) the demands for use of the electro-magnetic spectrum for wireless | |
telegraphy in the United Kingdom; | |
(b) the effects, in the United Kingdom, of any such use of that spectrum; | |
(c) likely future developments in relation to those matters; and | 20 |
(d) any other connected matters that OFCOM think relevant. | |
(5) OFCOM may make a grant to any person if, in their opinion, the making of the | |
grant is likely to promote— | |
(a) the efficient use in the United Kingdom of the electro-magnetic | |
spectrum for wireless telegraphy; or | 25 |
(b) the efficient management of that use. | |
(6) A grant— | |
(a) may be made to a person holding a wireless telegraphy licence or a | |
grant of recognised spectrum access under section 154 or to any other | |
person; and | 30 |
(b) is to be made on such terms and conditions as OFCOM consider | |
appropriate; | |
and those terms and conditions may include terms requiring the repayment of | |
the grant in specified circumstances. | |
(7) The consent of the Treasury is to be required— | 35 |
(a) for the making of a grant under subsection (5); and | |
(b) for the terms and conditions on which such a grant is made. | |
(8) Where OFCOM are required to give advice or provide another service to a | |
person under this section, they are to be entitled to make the giving of the | |
advice or the provision of the other service conditional on the payment to them | 40 |
of such sums— | |
(a) as they may determine in advance; or | |
(b) as may be agreed between them and that person. | |
(9) In this section references to providing a service to a person include references | |
to a service consisting in— | 45 |
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(a) the entry of that person’s particulars in a register or other record kept | |
by OFCOM for the purpose of carrying out their functions under this | |
section; or | |
(b) the taking of steps for the purposes of determining whether to grant an | |
application for an entry in a register or record so kept. | 5 |
148 United Kingdom Plan for Frequency Authorisation | |
(1) It shall be the duty of OFCOM, from time to time as they think fit, to publish a | |
document (to be known as “the United Kingdom Plan for Frequency | |
Authorisation”). | |
(2) The plan must set out— | 10 |
(a) the frequencies that, in relation to the United Kingdom, have been | |
allocated for particular purposes for wireless telegraphy and are | |
available for assignment; and | |
(b) the purposes for which the different frequencies have been allocated. | |
149 Duties of OFCOM when carrying out spectrum functions | 15 |
(1) It shall be the duty of OFCOM, in carrying out their functions under the | |
enactments relating to the management of the radio spectrum, to have regard, | |
in particular, to— | |
(a) the extent to which the electro-magnetic spectrum is available for use, | |
or further use, for wireless telegraphy; | 20 |
(b) the demand for use of that spectrum for wireless telegraphy; and | |
(c) the demand that is likely to arise in future for the use of that spectrum | |
for wireless telegraphy. | |
(2) It shall also be their duty, in carrying out their functions under those | |
enactments to have regard, in particular, to the desirability of promoting— | 25 |
(a) the efficient management and use of the part of the electro-magnetic | |
spectrum available for wireless telegraphy; | |
(b) the economic and other benefits that may arise from the use of wireless | |
telegraphy; | |
(c) the development of innovative services; and | 30 |
(d) competition in the provision of electronic communications services. | |
(3) In the application of this section to the functions of OFCOM under the | |
enactments relating to the management of the radio spectrum other than | |
section 2 of the Wireless Telegraphy Act 1998 (c. 6) (exercise of power to | |
prescribe wireless telegraphy licence fees), OFCOM may disregard such of the | 35 |
matters mentioned in the preceding subsections as appear to them— | |
(a) to be matters to which they are not required to have regard apart from | |
this section; and | |
(b) to have no application to the case in question. | |
(4) Where it appears to OFCOM that any of their duties under this section conflict | 40 |
with one or more of their duties under sections 3 to 6, priority must be given to | |
their duties under those sections. | |
(5) Where it appears to OFCOM that any of their duties under this section conflict | |
with each other in a particular case, they must secure that the conflict is | |
resolved in the manner they think best in the circumstances. | 45 |
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