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(a) so much of it as authorises or requires anything to be done by or in | |
relation to the person from whom the transfer is made is to have | |
effect in relation to times after the coming into force of the transfer as | |
if it authorised or required that thing to be done by or in relation to | |
OFCOM; and | 5 |
(b) other references in the subordinate legislation, direction, | |
authorisation or notice to the person from whom the transfer is made | |
are to have effect, in relation to such times, as references to OFCOM. | |
Steps taken in anticipation of passing or coming into force of Act | |
2 (1) This paragraph applies where the Secretary of State or OFCOM is or are | 10 |
required— | |
(a) by a provision of this Act, or | |
(b) by virtue of an amendment made by this Act, | |
to take steps before exercising a power or performing a duty. | |
(2) The requirement is capable of being satisfied by the taking of the steps in | 15 |
anticipation of effect being given to the provision by virtue of which the | |
power or duty is— | |
(a) conferred or imposed on the Secretary of State or OFCOM; or | |
(b) transferred to OFCOM. | |
(3) For the purposes of sub-paragraph (2) it is immaterial— | 20 |
(a) that the provision by virtue of which the power or duty is conferred, | |
imposed or transferred had not been enacted, or had not come into | |
force, when the steps were taken; and | |
(b) in the case of steps taken before the enactment of that provision, that | |
the provision the effect of which was anticipated was modified | 25 |
before being enacted. | |
(4) In relation to provisions brought into force as mentioned in subsection (1) of | |
section 397 for the purpose of enabling specified functions to be carried out | |
by the Director or the Secretary of State— | |
(a) this paragraph has effect in relation to steps taken by the Director or | 30 |
the Secretary of State as it has in relation to steps taken by OFCOM; | |
and | |
(b) subsection (5) of that section applies in relation to steps taken by the | |
Director or the Secretary of State in anticipation of effect being given | |
to those provisions as it would apply to anything done by the | 35 |
Director or the Secretary of State for the purposes of, or in connection | |
with, the carrying out of those functions. | |
(5) Where a requirement is satisfied by virtue of this paragraph by steps taken | |
in anticipation of effect being given to a provision— | |
(a) representations made to or other things done in relation to OFCOM, | 40 |
or the Director or the Secretary of State, in consequence of the taking | |
of those steps, and | |
(b) any requirements framed by reference to the time at which those | |
steps were taken, | |
are to have effect as if the provision in question had come into force before | 45 |
those steps were taken. | |
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General saving for agreements conditional on licensing | |
3 (1) This paragraph has effect where an agreement in force immediately before | |
the coming into force of a provision of this Act removing a requirement for | |
a relevant licence provides— | |
(a) for the agreement to cease to have effect, or | 5 |
(b) for it to be capable of being terminated, | |
if a party to the agreement ceases to hold a relevant licence of a particular | |
description, or so ceases in a manner described in the agreement. | |
(2) In this paragraph “relevant licence” means— | |
(a) a licence under section 7 of the 1984 Act; | 10 |
(b) a licence under Part 1 of the 1990 Act to provide a satellite television | |
service or a licensable programme service; | |
(c) a licence under that Part to provide the service mentioned in section | |
49(2) of that Act; | |
(d) a licence under Part 2 of that Act to provide a local delivery service; | 15 |
or | |
(e) a licence under Part 3 of that Act to provide licensable sound | |
programme services. | |
(3) The agreement is not to cease to have effect, or to be capable of being | |
terminated, by reason only of the coming into force of the provisions of this | 20 |
Act under which the requirement for the licence is removed. | |
(4) In relation to times after the commencement of the provision of this Act | |
removing the requirement for a licence to provide a satellite television | |
service or a licensable programme service, a reference to such a licence in the | |
provision of the agreement in question is to have effect as a reference to a | 25 |
licence granted or having effect as if granted as a licence to provide a | |
television licensable content service. | |
(5) In relation to times after the commencement of the provision of this Act | |
removing the requirement for a licence to provide the service mentioned in | |
section 49(2) of the 1990 Act, a reference to such a licence in the provision of | 30 |
the agreement in question is to have effect as a reference to a licence to | |
provide the public teletext service. | |
(6) In relation to times after the commencement of the provision of this Act | |
removing the requirement for a licence to provide a licensable sound | |
programme service, a reference to such a licence in the provision of the | 35 |
agreement in question is to have effect as a reference to a licence to provide | |
a radio licensable content service. | |
(7) References in this paragraph to a provision having effect if a person ceases | |
to hold a licence include references— | |
(a) to a provision having effect if a licence of his expires without being | 40 |
renewed; and | |
(b) to a provision having effect if his licence is revoked. | |
(8) Expressions used in this paragraph and in Part 3 of this Act have the same | |
meanings in this paragraph as in that Part. | |
Orders under Part 2 of the Deregulation and Contracting Out Act 1994 | 45 |
4 (1) This paragraph applies where, immediately before functions under the | |
Wireless Telegraphy Act 1949 (c. 54) are transferred under this Act to | |
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4 (1) OFCOM, an order is in force with respect to those functions under Part 2 of | |
the Deregulation and Contracting Out Act 1994 (c. 40). | |
(2) The order is to have effect in relation to times after the transfer— | |
(a) as if made in exercise of the power conferred by virtue of section 1(7) | |
in relation to such of the functions of OFCOM under that Act of 1949 | 5 |
as are specified in the order; | |
(b) as if any power conferred on the Secretary of State by that order to | |
authorise the exercise by a person of functions under that Act of 1949 | |
were conferred on OFCOM; and | |
(c) as if an authorisation given by the Secretary of State in exercise of | 10 |
that power were an authorisation given under that order by | |
OFCOM. | |
Local loop notifications | |
5 (1) This paragraph applies where, as a result of a market power determination | |
made by OFCOM for the purposes of a provision of Chapter 1 of Part 2 of | 15 |
this Act, they conclude that a person who is for the time being LLU notified | |
is no longer a person falling to be so notified. | |
(2) OFCOM must give a notification of their conclusion to— | |
(a) the Secretary of State; and | |
(b) the notified person. | 20 |
(3) On receiving a notification under sub-paragraph (2) the Secretary of State | |
must withdraw the LLU notification of the person in question. | |
(4) For the purposes of this paragraph a person is LLU notified if he is a person | |
who, for the purposes of Regulation (EC) No. 2887/2000 of the European | |
Parliament and of the Council on unbundled access to the local loop, is | 25 |
notified to the European Commission as having significant market power in | |
an identified market, and “LLU notification” shall be construed accordingly. | |
Savings for SMP licence conditions imposed under the 1984 Act | |
6 (1) This paragraph applies to a licence granted under section 7 of the 1984 Act | |
if OFCOM have given the holder of the licence a continuation notice. | 30 |
(2) A continuation notice is a notice that OFCOM consider that a condition of | |
the licence specified in the notice (a “licence condition”) is— | |
(a) a condition imposed by reason of the significant market power of the | |
holder of the licence in a market identified in the notice; or | |
(b) a condition corresponding to a condition that OFCOM have power | 35 |
to set under Chapter 1 of Part 2 of this Act as an SMP apparatus | |
condition. | |
(3) OFCOM are not to give a continuation notice by virtue of sub-paragraph | |
(2)(a) except in relation to a licence condition that relates to matters | |
mentioned in Article 16 of the Universal Service Directive or Article 7 of the | 40 |
Access Directive. | |
(4) A continuation notice with respect to a licence condition— | |
(a) in the case of a condition falling within sub-paragraph (2)(b) must | |
identify a market for electronic communications apparatus which | |
appears to OFCOM to be the market for the purpose of regulating | 45 |
which the condition has effect; and | |
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(b) in that or any other case, may identify the market OFCOM consider | |
to be the market by reference to which SMP conditions replacing the | |
licence condition would have to be set. | |
(5) Notwithstanding any repeal or revocation made by this Act, | |
(a) the licence under the 1984 Act, so far as it imposes a condition | 5 |
specified in a continuation notice, and | |
(b) any direction, determination or consent given or made for the | |
purposes of that condition, | |
shall remain in force for so long as the continuation notice is in force. | |
(6) A continuation notice shall cease to have effect if OFCOM give a notice to | 10 |
that effect to the holder of the licence. | |
(7) It shall be the duty of OFCOM to give a notice under sub-paragraph (6) as | |
soon as reasonably practicable after— | |
(a) they have carried out an analysis of the relevant market; | |
(b) they have determined whether or not to apply SMP conditions to the | 15 |
person concerned by reference to that market; and | |
(c) the SMP conditions which they have determined to so apply have | |
come into force. | |
(8) In sub-paragraph (7) “the relevant market” means— | |
(a) where the continuation notice relating to a licence condition | 20 |
identifies the market OFCOM consider to be the market by reference | |
to which SMP conditions replacing the licence condition would have | |
to be set, that market; and | |
(b) in any other case, the market identified in the continuation notice as | |
the market by reference to which the licence condition was set. | 25 |
(9) In this paragraph “Access Directive”, “electronic communications | |
apparatus”, “SMP condition”, “SMP apparatus condition” and “Universal | |
Service Directive” each has the same meaning as in Chapter 1 of Part 2 of this | |
Act. | |
Savings for licence conditions relating to accounting | 30 |
7 (1) This paragraph applies where a licence granted under section 7 of the 1984 | |
Act contains conditions which impose requirements with respect to— | |
(a) the keeping of accounts or financial information; or | |
(b) the provision of accounts and financial information to the Director. | |
(2) OFCOM may give a notice to the holder of the licence as respects so much of | 35 |
those conditions as relates to— | |
(a) the keeping of accounts for a period current at the time of the | |
abolition of licensing; and | |
(b) the provision of accounts and financial information in relation to any | |
such period or in relation to periods ending before the abolition of | 40 |
licensing. | |
(3) In the case of a licence granted otherwise than to a particular person, a notice | |
under this paragraph may be given to the licence holders by being published | |
in such manner as OFCOM consider appropriate for bringing it to their | |
attention. | 45 |
(4) Notwithstanding any repeal or revocation made by this Act— | |
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(a) the licence under the 1984 Act is to continue in force to the extent that | |
it imposes requirements as respects which a notice has been given | |
under this paragraph; but | |
(b) those requirements, so far as they require the provision of accounts | |
or information to the Director, are to have effect in relation to times | 5 |
after the abolition of licensing, as requirements to provide the | |
accounts or information to OFCOM. | |
Charges under Telecommunications Act licences | |
8 (1) Where any amount is required by a licence under section 7 of the 1984 Act to | |
be paid to the Director in respect of a period beginning before the abolition | 10 |
of licensing, that liability is to have effect after the abolition of licensing as a | |
liability to pay to OFCOM so much of that amount as does not relate to times | |
after the abolition of licensing. | |
(2) For the purpose of determining how much of an amount payable to the | |
Director relates to times after the abolition of licensing, an apportionment is | 15 |
to be made according to how much of that period had expired before the | |
abolition of licensing. | |
Enforcement of breaches of licence conditions | |
9 (1) This paragraph applies to— | |
(a) conditions in respect of which continuation notices have been given | 20 |
under paragraph 6; | |
(b) conditions in respect of which notices under paragraph 7 have been | |
given; | |
(c) liabilities under paragraph 8; and | |
(d) conditions of a licence under section 7 of the 1984 Act requiring | 25 |
compliance by the licence holder with directions given by the | |
Director under regulation 6 of the Telecommunications | |
(Interconnection) Regulations 1997 (S.I. 1997/2931). | |
(2) Notwithstanding any repeal or revocation made by this Act, after the | |
abolition of licensing, OFCOM are, for the purpose of enforcing the | 30 |
conditions to which this paragraph applies, to have all the enforcement | |
powers previously exercisable by the Director under the 1984 Act. | |
(3) Those powers are to be exercisable in accordance with this paragraph | |
irrespective of whether the contraventions occurred before or after the | |
abolition of licensing. | 35 |
(4) For the purpose of exercising those powers, references to the likelihood that | |
a person will again be in contravention of a condition include references to | |
whether he will be in contravention of any equivalent obligation imposed— | |
(a) by section 34 of this Act; | |
(b) by conditions set under section 41 of this Act; or | 40 |
(c) by directions under section 185 of this Act. | |
(5) OFCOM are not to exercise any powers conferred by virtue of this | |
paragraph if they consider that the exercise of those powers would be | |
incompatible with the requirements of the Directives. | |
(6) In this paragraph “enforcement powers” includes— | 45 |
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(a) the Director’s powers under sections 16 to 18 and 53 of the 1984 Act, | |
and | |
(b) in the case of a licence issued to a particular person, every power of | |
his under the licence to require information for the purpose of | |
computing the amount of the liability to a charge. | 5 |
(7) In this paragraph “the Directives” means the Authorisation Directive or any | |
of the following Directives (as defined in Chapter 1 of Part 2 of this Act)— | |
(a) the Access Directive; | |
(b) the Framework Directive; | |
(c) the Universal Service Directive. | 10 |
(8) In sub-paragraph (7) “the Authorisation Directive” means Directive 2002/ | |
20/EC of the European Parliament and of the Council on the authorisation | |
of electronic communications networks and services. | |
Saving for agreements having effect by reference to licensing regime | |
10 (1) This paragraph has effect where an agreement entered into for the purposes | 15 |
of a condition of a licence under section 7 of the 1984 Act has effect | |
immediately before the abolition of licensing subject to a provision which | |
entitles a party to it to terminate the agreement if he or another party ceases | |
to be a Schedule 2 public operator. | |
(2) The right of termination is not to be exercisable by reason of the effect of the | 20 |
coming into force of any provision of this Act if— | |
(a) a general condition, | |
(b) an access-related condition, or | |
(c) a provision made by or having effect as if made under an SMP | |
condition, | 25 |
imposes requirements on one or both of the parties to the agreement that | |
correspond to those for the purposes of which the agreement was originally | |
entered into. | |
(3) In any such case, the agreement shall have effect in relation to times after the | |
abolition of licensing as if references in the agreement to a Schedule 2 public | 30 |
operator were references to the provider of a public electronic | |
communications network. | |
(4) In this paragraph “Schedule 2 public operator” has the same meaning as in | |
Schedule 1 to the Telecommunications (Licence Modifications) (Standard | |
Schedules) Regulations 1999 (S.I. 1999/2450). | 35 |
(5) Expressions used in this paragraph and in Chapter 1 of Part 2 of this Act | |
have the same meanings in this paragraph as in that Chapter. | |
Fees for approvals for the purposes of licence conditions | |
11 (1) This paragraph has effect where a general condition set under section 41 of | |
this Act requires apparatus to be approved by reference to a standard | 40 |
previously designated for the purposes of section 24(6) of the 1984 Act. | |
(2) The Secretary of State may by order provide for the charging of fees in | |
respect of the giving of approvals for the purposes of the condition. | |
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(3) Fees charged under this section are be paid to the person giving the | |
approvals and, to the extent authorised by the Secretary of State, may be | |
retained by that person. | |
(4) To the extent that they are not retained by that person, the fees must be paid | |
into the Consolidated Fund. | 5 |
(5) Any order made under section 24(13) of the 1984 Act that is in force | |
immediately before the coming into force of the repeal of section 24 of that | |
Act shall have effect after the coming into force of the repeal as an order | |
made under this paragraph. | |
Allocated telephone numbers | 10 |
12 (1) Where immediately before the abolition of licensing telephone numbers are | |
allocated to a person holding a licence under section 7 of the 1984 Act for the | |
purposes of the conditions of that licence, those numbers shall be treated, | |
after the abolition of licensing as allocated to that person for the purposes of | |
general conditions such as are mentioned in section 54 of this Act. | 15 |
(2) An allocation having effect by virtue of sub-paragraph (1) may be | |
withdrawn by OFCOM at any time, but only in accordance with section 57 | |
of this Act. | |
(3) An allocation shall only continue to have effect in accordance with this | |
paragraph for so long as the person to whom the allocation was made for the | 20 |
purposes of the licence conditions is a communications provider. | |
(4) The power by virtue of section 54 for general conditions to make provision | |
for the making of periodic payments in respect of the allocation of telephone | |
numbers shall be exercisable, at any time after the coming into force of that | |
section, in relation to an allocation having effect by virtue of this paragraph | 25 |
as it has effect in relation to an allocation made under that section. | |
(5) Expressions used in this paragraph and in Chapter 1 of Part 2 of this Act | |
have the same meanings in this paragraph as in that Chapter. | |
Electronic communications code | |
13 (1) Sub-paragraph (2) applies where, immediately before the coming into force | 30 |
of section 102 of this Act, the telecommunications code set out in Schedule 2 | |
to the 1984 Act applies to a person by virtue of the provisions of his licence | |
under section 7 of that Act. | |
(2) That person shall be treated after the commencement of section 102 of this | |
Act as a person in whose case the electronic communications code applies by | 35 |
virtue of a direction given by OFCOM. | |
(3) The deemed direction shall be assumed to be one given in relation to so | |
much of any electronic communications network as— | |
(a) was included immediately before the commencement of section 102 | |
of this Act in the telecommunication system which was the | 40 |
operator’s system for the purposes of the application of the code; or | |
(b) which would have been so included if it had been being provided at | |
that time. | |
(4) So much of the code in Schedule 2 to the 1984 Act as has effect immediately | |
before the commencement of Schedule 3 to this Act— | 45 |
(a) in relation to telecommunication apparatus, or | |
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