The Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 98/10/EC of the European Parliament and of the Council on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (“the Revised Voice Telephony Directive”).

Regulations 7 to 12 implement Articles 3 to 8 of the Revised Voice Telephony Directive by giving duties to the Secretary of State and the Director General of Telecommunications (“the Director”) in relation to the provision of fixed publicly available telephone services to all users at an affordable price.

Regulations 13 to 35 implement Articles 9 to 21 of the Revised Voice Telephony Directive which provide that users with access to fixed public telephone systems shall be offered certain services and that certain quality standards shall be maintained. Certain specified services must also be provided to users of public mobile telephone systems. These Regulations confer powers and impose duties on the Secretary of State and the Director to ensure compliance with these provisions in exercising their functions under the Telecommunications Act 1984. They also impose direct duties on Systemless Service Providers to comply with the relevant obligations imposed in these Articles.

Regulation 36 implements Article 24 by imposing on the Secretary of State and the Director a duty to consult interested parties on issues relating to the scope, affordability and quality of publicly available telephone services. Regulation 37 implements Article 26 by imposing on the Director a duty to establish procedures to address complaints concerning matters within the scope of the Revised Voice Telephony Directive.

Regulation 39 modifies licences granted under section 7 of the Telecommunications Act 1984 to insert appropriate new conditions implementing the Revised Voice Telephony Directive. These Conditions are referred to as “the Revised Voice Telephony Conditions” and are set out in Schedules V and VI to the Regulations.

The Telecommunications (Voice Telephony) Regulations 1997 (S.I. 1997/1886) are revoked (save insofar as they confer rights and obligations on organisations authorised to provide telecommunications networks or services in members of the European Free Trade Association).

The licences modified by regulation 39 may be inspected at, and copies of the modifications to the licence granted to British Telecommunications plc (“BT”) and of the other licences obtained from, the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ. The BT licence (fourth edition November 1995) is published by HMSO price £19.95.

A compliance cost assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS. Copies have been placed in the libraries of both Houses of Parliament.