The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

1.  In this Schedule unless the context otherwise requires:

“Accounting Rate Service” means each telecommunication service to each country and territory for which a separate accounting rate has been agreed, not including Transit Services;

“Act” shall have the meaning it has in paragraph 1 of this Licence;

“Additional Conveyance Costs” means any costs incurred by a Donor Operator associated with resources used in:

(i)

effecting the switch-processing required to set up each ported call; and

(ii)

providing the switch and transmission capacity for any part of the duration of each ported call, additional to the costs of conveyance of non-ported calls from the Applicable Systems to the Recipient Operator’s system;

“Applicable Services” means any telecommunication service which is provided by means of the Applicable Systems;

“Applicable Systems” has the meaning given to it in paragraph 6 of this Licence;

“Applicable Terminal Equipment” means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);

“Approval” and “Approved” mean approval and approved under section 24 of the Act;

“Approved Apparatus” means apparatus approved under section 22 of the Act for connection to the system to which this Licence relates or which is Compliant Terminal Equipment;

“Associated Person” means any member of the Licensee’s Group or a person with a Participating Interest in a member of the Licensee’s Group or in whom a member of the Licensee’s Group has a Participating Interest;

“Auditing Standards” means United Kingdom auditing standards and guidelines issued from time to time by the Auditing Practices Board or its predecessor body, the Auditing Standards Body;

“Auditor” means the Licensee’s auditor for the time being appointed in accordance with the requirements of the Companies Act 1985;

“Authorised Overseas System” means any telecommunication system outside the United Kingdom to which the Applicable Systems are authorised to be connected under Schedule 3;

“Billing Process” means Billing Systems and Metering Systems taken together;

“Billing System” means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the charges to be sought for Service usage recorded by a Metering System based on published or previously negotiated pricing structures and to present these charges on customers' bills;

“Bringing into Service” means the process of connecting by means requiring the use of a tool telecommunication apparatus (including apparatus comprised in a telecommunication system) or a telecommunication system to another telecommunication system, or the process of disconnecting by such means such apparatus or such system from another such system; and includes such testing or inspection of that apparatus or system and any other apparatus or system to which it is or is to be connected as is necessary for the purpose of ensuring that the apparatus or the system in which it is or is to be comprised, or the system, is authorised to be connected to any of the Applicable Systems;

“Call Box” means any kiosk, booth, acoustic hood, shelter or similar structure which includes a Call Office at which apparatus is installed for the provision of voice telephony services to the public or a class of the public together with such apparatus;

“Call Box Services” means the installation, repair and maintenance of Call Boxes, the service of conveying by means of the Applicable Systems voice telephony messages to and from such Boxes, directory information services relating to switched voice telephony services available at such Boxes and Public Emergency Call Services so available;

“Call Office” means telecommunication apparatus not supplied by the Licensee to any particular person but made available for use by the public or a class of the public;

“Chatline Service” means a service which consists of or includes the enabling of more than two persons (“the Participants”) simultaneously to conduct a telephone conversation with one another without either:

(i)

each of them having agreed with each other; or

(ii)

one or more of them having agreed with the person enabling such a telephone conversation to be conducted,

in advance of making the call enabling them to engage in the conversation, the respective identities of the other intended Participants or the telephone numbers on which they can be called. A service by which one or more additional persons who are known (by name or telephone number) to one or more of the parties conducting an established telephone conversation can be added to that conversation by means of being called by one or more such parties is not on that account a Chatline Service if it would not otherwise be regarded as such a service;

“Code of Practice” means for the purposes of Condition 29, a code of practice prepared and disseminated by the Data Protection Commissioner (or, before the commencement of the Data Protection Act 1998 by the Data Protection Registrar) or by a trade association where, in the case of the latter, the said Commissioner (or Registrar) has notified the trade association that in his opinion the code promotes the following of good practice;

“Compatibility” means that between the parties concerned there is no reasonably foreseeable risk of:

(i)

duplication of any Number; or

(ii)

any other related effect,

which would be liable to introduce ambiguity or errors or impose undue restrictions on any user or group of users;

“Competitive Standard Service” means a service which, unless a contrary determination by the Director applies pursuant to Condition 47.10:

(i)

a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;

(ii)

the market for which has been determined by the Director to be competitive under Condition 47.10(a);

“Compliant Terminal Equipment” means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);

“Condition” means a Condition in this Schedule;

“Connectable System” means a telecommunication system which is authorised to be run under a Licence which authorises connection of that system to the Applicable Systems;

“Connection Service” means a telecommunication service consisting in the conveyance of any Message which has been, or is to be, conveyed by means of the Applicable Systems;

“Consumer” means, for the purposes of Conditions 7 and 14 and Part D of this Licence, any natural person who uses a Publicly Available Telephone Service for purposes which are outside his trade, business or profession;

“Controlled Service” means:

(i)

a Chatline Service; or

(ii)

a Live Conversation Message Service;

“Conventions” has the meaning given to it in Condition 26.5;

“Customer Interface” means the Technical Characteristics of each Interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Network Services provided by means of the Applicable Systems;

“Customer Interface Specification” means a description of a Customer Interface;

“Directory Information” means, in the case of directories, the name, address and telephone number of the Subscriber and, in the case of a Directory Information Service, may include the telephone number only of the Subscriber or information that the telephone number of the Subscriber may not be supplied;

“Directory Information Service” for the purpose of Conditions 2 and 29, means Directory Information provided by means of a telephone system;

“Donor Operator” means the Licensee, where any Number allocated by the Licensee (or any third party providing telecommunication services by means of the Applicable Systems of the Licensee) is the subject of any agreement or proposed agreement under which Portability will be provided, or any Qualifying Operator where any Number allocated by the Qualifying Operator (or any third party providing telecommunication services by means of the Applicable Systems of the Qualifying Operator) is the subject of any agreement or proposed agreement under which Portability will be provided to the Recipient Operator;

“Dwelling-House” has the same meaning as in section 202 of the Broadcasting Act 1990;

“Emergency” means an emergency of any kind, including any circumstance whatever resulting from major accidents, natural disasters and incidents involving toxic or radio-active materials;

“Emergency Organisation” means in respect of any locality:

(i)

the relevant public police, fire, ambulance and coastguard services for that locality; and

(ii)

any other similar organisation in respect of which any public telecommunications operator licensed to operate in the locality in question is providing a Public Emergency Call Service on the day on which this Licence enters into force;

“End-user” means for the purposes of the definition of “Network Service” any person running a telecommunication system authorised to be connected to the Applicable Systems, not being a person running a telecommunication system under a licence granted to a particular person by the Secretary of State under section 7 of the Act;

“Essential Interface” means, in relation to a Point of Connection, an interface at which in the opinion of the Director it is essential that interoperability between the Applicable Systems and the respective Operator’s telecommunication systems is available;

“Exchange Line” means telecommunication apparatus (within the meaning of Schedule 2 to the Act) comprised in the Applicable Systems and installed for the purpose of connecting a telephone exchange run by the Licensee to a Network Termination Point comprised in Network Termination and Testing Apparatus installed by the Licensee for the purpose of providing voice telephony services at the premises at which the Network Termination and Testing Apparatus is located;

“Fixed Public Telephone Network” means the public switched telecommunications network which supports the transfer between Network Termination Points at fixed locations of speech and 3.1 KHz bandwidth audio information, to support inter alia:

(i)

voice telephony,

(ii)

facsimile Group III communications, in accordance with ITU-T Recommendations in the “T-Series”, and

(iii)

voice band data transmission via modems at a rate of at least 2,400 bit/s, in accordance with ITU-T Recommendations in the “V-Series”,

where access to the end-user’s Network Termination Point is via a number or numbers in the national numbering plan;

“Fixed Public Telephone System” means the telecommunication systems run by a person under a licence which has been granted under section 7 of the Act whether to a particular person, persons of a class or persons generally, and which form part of the Fixed Public Telephone Network by means of which Fixed Publicly Available Telephone Services are provided;

“Fixed Publicly Available Telephone Service” means the provision to end-users at fixed locations of a service for the originating and receiving of national and international calls, including voice telephony services, and may include, in addition, access to emergency “112” services, the provision of operator assistance, directory services, provision of public-pay telephones, provision of service under special terms or provision of special facilities for customers with disabilities or with special social needs but does not include Value Added Services provided over the Public Telephone System;

“Functional Specification” means a document published from time to time by the Director following consultation with the Licensee and Interested Parties which specifies technical and other principles which are intended to enable the efficient implementation and utilisation of Portability;

“Geographic Numbering Range” means a Number range from the Specified Numbering Scheme where part of the digit structure contains a geographic significance used for routing calls to the physical location of the Network Termination Point of the Subscriber to whom the Number has been assigned;

“Geographic Portability” means Portability relating to Numbers allocated as provided for in the Conventions in accordance with the rules for the allocation of Geographic Numbering Ranges;

“Group” means a Parent Undertaking and its subsidiary undertaking or undertakings within the meaning of section 258 of the Companies Act 1985 as substituted by section 21 of the Companies Act 1989; and “Licensee’s Group” means a Group in respect of which the Licensee is either a Parent Undertaking or a subsidiary undertaking;

“Information” (without prejudice to the generality of this term throughout the Licence), for the purposes of Condition 12 includes accounts, estimates and returns;

“Integrated Services Digital Network” (ISDN) means a network evolved from the telephony integrated digital network that provides for end-to-end digital connectivity to support a wide range of services, including voice and non-voice services, to which users have access by a limited set of standard multi-purpose customer interfaces;

“Interconnection” means the physical and logical linking of telecommunications systems used by the same or a different organisation in order to allow the users of one organisation to communicate with users of the same or another organisation or to access services provided by another organisation irrespective of whether services are provided by the parties involved or other parties who have access to the systems;

“Interconnection Directive” means Directive 97/33/EC on interconnection in telecommunications with regard to ensuring universal service and interoperability through the application of the principles of open network provision (ONP);

“Interconnection Regulations” means the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931);

“Interested Parties” means those persons (if any), other than the Licensee, with whom, in any particular case, the Director is required or considers it appropriate to consult;

“Interface” means a Customer Interface or a Network Interconnection Interface, as appropriate;

“Interface Control” means that the Director has determined for the purposes of Condition 15 that the Licensee has sufficient influence to affect competition adversely in the manufacture of telecommunications apparatus by its ability to influence the costs and timescales which would be incurred by another Operator, or supplier of telecommunications apparatus, including a manufacturer, in adopting the Licensee’s intended Interface Specification, or a comparable specification provided by another party;

“Interface Specification” means a Customer Interface Specification, or a Network Interconnection Interface Specification, as appropriate;

“International Business” means the provision of telecommunication services consisting in the conveyance of Messages to countries or territories outside the United Kingdom (and including, without limitation, International Simple Data Resale Services and International Simple Voice Resale Services) carried on under a Licence and includes the running of such parts of the Applicable Systems as are used for the provision of those services, and the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of such Systems and any apparatus comprised therein;

“International Conveyance Service” means a telecommunication service other than an International Simple Data Resale Service or an International Simple Voice Resale Service, or both, which consists in the conveyance of any Message by means of the Applicable Systems which has been or is to be conveyed by means of any telecommunication system outside the United Kingdom which is one to which the Applicable Systems are authorised by Schedule 3 to this Licence to be connected;

“International Directory Service” means the provision by means of the Applicable Systems of the telephone number, or information that the telephone number may not be supplied, of any natural or legal person located outside the United Kingdom;

“International Simple Data Resale Services” means telecommunication services consisting in the conveyance of Messages which do not include two-way live speech, but include only such switching, processing, data storage or protocol conversion as is necessary for the conveyance of those Messages in real time, which have been or are to be conveyed by means of all of the following:

(i)

a Public Switched Network;

(ii)

an International Simple Resale Bearer Circuit; and

(iii)

the equivalent of a Public Switched Network in another country or territory;

“International Simple Resale Bearer Circuit” means a communication facility which is:

(i)

comprised both in a public telecommunication system and in an equivalent telecommunication system in a country or territory other than the United Kingdom;

(ii)

for the conveyance of Messages between:

(A)

in the case of outbound Messages, the last point of connection within the United Kingdom at which the route of the Messages is selected and the first point of connection in any country or territory other than the United Kingdom;

(B)

in the case of inbound Messages, the last point of connection in any country or territory other than the United Kingdom and the first point of connection in the United Kingdom at which the route of the Messages is selected;

(iii)

made available to a particular Service Provider;

(iv)

such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (ii) above are received at every other such point;

(v)

such that all the points mentioned in sub-paragraph (ii) above are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems; and

(vi)

such that all the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility; but

(vii)

excluding from the extent of the facility any Private Leased Circuit installed between the particular Service Provider and any other person in the United Kingdom;

“International Simple Resale Service” means a telecommunication service consisting in an International Simple Data Resale Service, or an International Simple Voice Resale Service, or both;

“International Simple Voice Resale Services” means telecommunication services consisting in the conveyance of Messages which include two-way live speech which have been or are to be conveyed by means of all of the following:

(i)

a Public Switched Network;

(ii)

an International Simple Resale Bearer Circuit; and

(iii)

the equivalent of a Public Switched Network in another country or territory;

“ITU-T” means the International Telecommunication Union;

“Leased Lines Directive” means Council Directive 92/44/EEC on the application of open network provision to leased lines as amended by Council Directive 97/51/EC amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications;

“Leased Lines Regulations” means the Telecommunication (Open Network Provision and Leased Lines) Regulations 1997 (S.I. 1997/2932);

“Licence” shall have the meaning it has in paragraph 5 of this Licence;

“Licensee’s Subscriber” means any natural or legal person who or which is a party to a contract with the Licensee for the supply by means of the Applicable Systems of Publicly Available Telephone Services in the United Kingdom to that person;

“Live Conversation Message Service” means a Message Service (other than a directory information service) which consists in the provision of live telephone conversation for any purpose, whether or not including the provision of information of any kind:

(i)

between the person providing the service (or a person acting on his behalf) and a person who obtains the service; or

(ii)

between a person who has independently called the service for the purpose of conducting a telephone conversation with one other such person, and such another person,

and, for the avoidance of doubt, it does not include a service provided by a human operator of the Licensee which is incidental to the conveyance of a voice telephony message;

“Major Office” means the Licensee’s registered office and such other offices as the Director may agree from time to time;

“Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;

“Message Service” means a service which consists of, or includes, the sending of speech, music or other sounds or signals to any person who obtains access to that service by means of a Public Switched Network;

“Meter” means any system or apparatus constructed or adapted for use in ascertaining the extent of telecommunication services provided by means of the Applicable Systems;

“Metering System” means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the extent of any telecommunication services provided by means of the Applicable Systems;

“Mobile Public Telephone System” means any telecommunication system run under a licence whether granted to a particular person, persons of a class or persons generally, by means of which Publicly Available Mobile Telephone Services are provided at Network Termination Points connected to telecommunication systems which are designed or adapted to be capable of being used while in motion;

“Mobile Radio Telecommunication Service” means any telecommunication service consisting in the conveyance of Messages by means of a telecommunication system where every Message that is conveyed thereby has been, or is to be, conveyed through the agency of Wireless Telegraphy to or from a telecommunication system which is designed or adapted to be capable of being used while in motion;

“National Numbering Conventions” has the meaning given to it in Condition 26;

“Network Charge Change Notice” has the meaning given to it in Condition 47;

“Network Connecting Apparatus” means telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another telecommunication system;

“Network Interconnection Interface” means the Technical Characteristics of each interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Network Services provided by means of any of the Applicable Systems;

“Network Interconnection Interface Specification” means a description of a Network Interconnection Interface;

“Network Service” means any of the following:

(i)

a service consisting only of functions which enable End-users to send, receive, or both, Messages to or from one or more End-users, including functions which enable the establishment of a prior connection between such End-users;

(ii)

a service which consists only of functions which could not practically be provided to any End-user in identical form by anyone other than the Licensee, because those functions are dependent upon the functions referred to in sub-paragraph (i) above;

(iii)

any service which has been agreed by the Licensee and the Director;

“Network Termination and Testing Apparatus” means an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:

(i)

Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;

(ii)

the conveyance of Messages between such Apparatus and the Applicable Systems; and

(iii)

the due functioning of the Applicable Systems to be tested,

but the only other functions of which, if any, are:

(A)

to supply energy between such Apparatus and the Applicable Systems;

(B)

to protect the safety or security of the operation of the Applicable Systems; or

(C)

to enable other operations exclusively related to the running of the Applicable Systems to be performed or the due functioning of any system to which the Applicable Systems are or are to be connected to be tested (separately or together with the Applicable Systems);

“Network Termination Point” has the meaning given in Annex A;

“New Standard Service” means a service which, unless a contrary determination by the Director applies pursuant to Condition 47.10:

(i)

the Licensee first provides after it has been determined by the Director to be an Operator having Significant Market Power pursuant to regulation 4(1) of the Interconnection Regulations;

(ii)

a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;

“Non-Geographic Portability” means Portability relating to Numbers allocated in accordance with the rules for the allocation of Numbering Ranges other than Geographic Numbering Ranges as provided for in the National Numbering Conventions but excluding Portability relating to Numbers allocated for use with Mobile Radio Telecommunication Services;

“Notifying Licensee’s Interface Specification” means any Interface Specification which has been notified by any Operator, other than the Licensee, pursuant to a condition in that Operator’s Licence which is similar to Condition 15;

“Number” means:

(i)

except for the purpose of Condition 27, any identifier which would need to be used in conjunction with any public switched telecommunication service for the purposes of establishing a connection with any Network Termination Point, user, telecommunication apparatus connected to any Public Switched Network or service element, but not including any identifier which is not accessible to the generality of users of a public switched service;

(ii)

for the purpose of Condition 27, any identifier, (including any name or address) of any user, telecommunication apparatus, or telecommunication service related element;

“Number Portability” means a facility whereby Subscribers who so request can retain their number on a Fixed Public Telephone System at a specific location independent of the organisation providing the service;

“Numbering Plan” means a plan describing the method adopted or to be adopted for allocating and re-allocating a Number to any Network Termination Point, user, telecommunication apparatus or service element;

“Numbering Ranges” means numbering ranges as described in the National Numbering Conventions;

“ONP Framework Directive” means Council Directive 90/387/EEC on the establishment of the internal market for telecommunications services through the implementation of open network provision as amended by European Parliament and Council Directive 97/51/EC for the purpose of adaptation to a competitive environment in telecommunications;

“Operator” for the purposes of Schedule 1 except Condition 28 means any person running a telecommunication system for the purpose of providing telecommunication services;

“Operator” for the purposes of Condition 28 means any person authorised to provide telecommunication services not being prohibited from receiving any financial benefit from such provision of such services, and obliged by virtue of provisions in the Licence authorising the provision of such services to adopt a Numbering Plan for such Numbers as may have been allocated by the Director to that person in accordance with the National Numbering Conventions;

“Parent Undertaking” has the same meaning as in section 258 of the Companies Act 1985 as substituted by section 21 of the Companies Act 1989;

“Participating Interest” has the same meaning as in section 260 of the Companies Act 1985 as substituted by section 22 of the Companies Act 1989;

“Point of Connection” means a point at which the Applicable Systems and an Operator’s system are connected;

“ability” means a facility which may be provided by the Licensee and by any Qualifying Operator (as the case may be) to each other, or where the Licensee is acting in the capacity of a Qualifying Operator, by the Licensee and by an Operator to each other, thereby enabling any person to whom a Number has been allocated (whether by the Licensee, any Qualifying Operator or any third party as the case may be) to continue to be provided with any telecommunication service by reference to the same Number irrespective of the identity of the person providing such a service;

“Porting Customer” means a customer to whom the facility of Portability is in the process of being or has been provided;

“Private Call Box” means a Call Box owned by or supplied to a person other than the Licensee or another public telecommunications operator at which Call Box Services are or may be provided;

“Private Leased Circuit” means a communication facility which is:

(i)

provided by means of one or more public telecommunication systems;

(ii)

for the conveyance of Messages between points, all of which are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems;

(iii)

made available to a particular person or particular persons;

(iv)

such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (ii) above are received at every other such point; and

(v)

such that the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility;

“Process” means to obtain, record or hold data or information or to carry out any operation or set of operations on the data or information, including;

(i)

organisation, storage, adaptation, or alteration of the data or information;

(ii)

retrieval, consultation or use of the data or information;

(iii)

disclosure of the data or information by transmission, dissemination, or otherwise making available; or

(iv)

alignment, combination, blocking, erasing or destruction of the data or information;

“Prospectively Competitive Standard Service” means unless a contrary determination by the Director applies pursuant to Condition 47.10, a service:

(i)

which a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;

(ii)

which the Director has determined pursuant to Condition 47.10(a) is likely to become competitive within a market specified by him, and within a period specified by him;

“Public Call Box” means a Call Box to which the public has access at all times which is neither a Private Call Box nor a Temporary Call Box and at which Call Box Services are or may be provided;

“Public Emergency Call Service” means a telecommunication service by means of which any member of the public may, at any time, communicate as swiftly as practicable with any of the Emergency Organisations for the purpose of notifying them of an Emergency;

“Public Operator” means any person who is authorised or permitted to run publicly available telecommunication systems or provide publicly available telecommunication services or both;

“Public Switched Network” means a public telecommunication system by means of which two-way telecommunication services are provided whereby Messages are switched incidentally to their conveyance, and, for the avoidance of doubt, a Public Switched Network does not include Private Leased Circuits or International Simple Resale Bearer Circuits;

“Publicly Available Mobile Telephone Service” means a telecommunication service which consists, wholly or partly, in the provision of Mobile Radio Telecommunication Services to an end user and makes use wholly or partly of a Mobile Public Telephone System but does not include Value Added Services provided over a Public Telephone System;

“Publicly Available Telephone Service” means either a Fixed Publicly Available Telephone Service or a Publicly Available Mobile Telephone Service or both;

“Public Telephone System” means a Fixed Public Telephone System or a Mobile Public Telephone System, or both;

“Qualifying Operator” has the meaning given to it in Condition 28.2;

“Recipient Operator” means any Qualifying Operator, where any Number allocated by the Licensee (or any third party providing telecommunication services by means of the Applicable Systems of the Licensee) is the subject of any agreement or proposed agreement under which Portability will be provided by the Donor Operator; or the Licensee where any Number allocated by the Qualifying Operator (or any third party providing telecommunication services by means of the Applicable Systems of the Qualifying Operator) is the subject of any agreement or proposed agreement under which Portability will be provided by the Donor Operator;

“Relevant Company” means:

(i)

the Licensee; or

(ii)

a Parent Undertaking in relation to the Licensee;

“Relevant Consulting Period” means:

(i)

in the case of any Network Interconnection Interface Specification, six months from the date of notification to the Director;

(ii)

in the case of any Customer Interface Specification, 60 days from the date of such notification to the Director; or

(iii)

in the case of either Interface Specification, such other period as the Director agrees; and

during this period the Director may consult with Interested Parties;

“Relevant Data Protection Legislation” means the Data Protection Act 1984 (until repealed), Directives 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and of the free movement of such data and 97/66/EC of the European Parliament and Council concerning the processing of personal data and the protection of privacy in the telecommunications sector, and any enactment implementing those Directives;

“Relevant IN Platform” means the intelligent network platform within the Applicable Systems which is capable of ensuring that a Message to a non-geographic number may be correctly delivered;

“Relevant Party” means any person whom the Licensee might reasonably anticipate from the facts known to it would or might be required to modify, replace or cease to produce or supply any item of telecommunication apparatus connected or to be connected to any of the Applicable Systems as a result of any new or modified Interface Specification;

“Relevant Private Circuit” means a Private Leased Circuit:

(i)

at least one Network Termination Point of which is located within the United Kingdom and all the Network Termination Points of that circuit, and of any half circuit to which it is connected, are located within the European Economic Area; and

(ii)

where the agreement between the Licensee and the Users to provide the Private Leased Circuit does not provide for Messages to be conveyed thereby to be routed via a satellite link (notwithstanding that they may be so conveyed) where the Licensee is not authorised so to convey Messages consisting in live speech;

“Relevant System” means a Connectable System which is, or is to be, connected to any of the switched Applicable Systems;

“Relevant Terminal Apparatus” means:

(i)

“Terminal Apparatus”, that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and

(ii)

any other telecommunication apparatus connected to the apparatus referred to in sub-paragraph (i) above constituting a system run under a Licence by the person using that Terminal Apparatus;

“Revised Voice Telephony Regulations” means the Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998 (S.I. 1998/1580);

“Schedule 2 Public Operator” means a Public Operator:

(i)

who is authorised within a Member State other than the United Kingdom to provide public telecommunication networks or publicly available telecommunication services or both and whose name has been notified to the European Commission under Article 18 of the Interconnection Directive as an organisation covered by Annex II of that Directive; or

(ii)

who

(A)

is a Licensee whose name has been notified to the European Commission, by the United Kingdom, as an organisation covered by Annex II of the Interconnection Directive;

(B)

is authorised to provide switched and unswitched bearer capabilities to Users upon which other telecommunication services depend; and

(C)

does any of the following:

(AA)

runs public switched systems, or provides publicly available telecommunication services, or both, and in doing so controls the means of access to one or more Network Termination Points identified by one or more unique numbers in the Specified Numbering Scheme;

(BB)

provides leased lines to Users' premises;

(CC)

makes available International Simple Resale Bearer Circuits;

(DD)

runs public switched systems, or provides publicly available telecommunication services, or both, and in doing so controls the means of access, for the services concerned, to one more end-users identified by one or more unique identifiers within an internationally recognised numbering and addressing plan;

(EE)

provides publicly available telecommunication services and in doing so controls the means of access for the services concerned, to one or more end users identified by one or more unique numbers in the Specified Numbering Scheme; or

(FF)

provides publicly available switched or unswitched bearer services between telecommunication systems run by one or more third parties;

“Scheme” for the purposes of Condition 26 has the meaning given in Condition 26.1, and for the purposes of Condition 41 has the meaning given in Condition 41.1;

“Served Premises” means a single set of premises in single occupation where apparatus has been installed for the purpose of the provision of telecommunication services by means of the Applicable Systems at those premises;

“Service” for the purpose of Condition 12 includes any service provided by any person to whom the Licensee is bound to account for any part of the amount charged by the Licensee;

“Service Provider” means any person who is in the business of providing telecommunication services of any description;

“Shares” has the same meaning as in section 259(2) of the Companies Act 1985, as substituted by section 22 of the Companies Act 1989, and the term “Shareholding” shall be construed accordingly;

“Specified Numbering Scheme” means a scheme for the allocation and re-allocation of Numbers for the purposes of any of the switched Applicable Systems and the systems of other licensed Operators which is specified by the Director for the purpose of this Licence and described in a list kept for that purpose by him and made available by him for inspection by the general public;

“Specified Person” means a person specified for the time being by the Director (and who has consented to be so specified) for the purpose of keeping and making available for inspection by the general public a list such as is referred to in Condition 18;

“Standard List” means the list of Standard Services;

“Standard Service” means a Competitive Standard Service, a Prospectively Competitive Standard Service, a New Standard Service, or any other service which a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;

“Subscriber” means any natural or legal person who or which is a party to a contract with the provider of Publicly Available Telephone Services for the supply of such services in the United Kingdom;

“Subsidiary” has the meaning given to it in section 736 of the Companies Act 1985, as substituted by section 144(1) of the Companies Act 1989;

“Supplemental Services Business” means the following activities of the Licensee taken together:

(i)

the provision in the United Kingdom by the Licensee of Value Added Services;

(ii)

the running of any Value Added Applicable System;

(iii)

the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of any apparatus comprised or to be comprised in a Value Added Applicable System used solely to provide a Value Added Service; and

(iv)

the conveyance of Messages by means of any Value Added Applicable System or by means of any Network Service which has been made available by the Systems Business to the Supplemental Services Business for the purpose of providing a Value Added Service;

“System Set-Up Costs” means the incurred costs of the Donor Operator;

“Systems Business” means the following activities of the Licensee or of any wholly owned Subsidiary to the extent that they are undertaken in the United Kingdom taken together:

(i)

the running of the Applicable Systems except where such running is part of the Supplemental Services Business;

(ii)

the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of any apparatus comprised or to be comprised in the Applicable Systems where those activities are not part of the Supplemental Services Business;

(iii)

without prejudice to the generality of sub-paragraph (i) or (ii) above the Bringing into Service of any item of telecommunication apparatus or telecommunication system connected or to be connected to any of the Applicable Systems whether comprised in any of those systems or not; and

(iv)

without prejudice to the generality of sub-paragraph (i) above the provision of Network Services;

“Technical Characteristics” means the physical, electrical and other relevant characteristics and the network interworking and service management protocols;

“Telecommunications Numbering and Addressing Body” means a body approved by the Director as representative of the Licensee, other public telecommunication operators and other persons whom the Director considers it appropriate to include in consultations about the content of the National Numbering Conventions and the Scheme;

“Telephone” means an item of telecommunication apparatus capable when connected to the Licensee’s public switched telecommunication system, of transmitting and receiving uninterrupted simultaneous two way speech conveyed, or as the case may be, to be conveyed, by means of the Applicable Systems;

“Temporary Call Box” means a Call Box run by the Licensee which is mobile or is installed for a limited period or is permanently installed but at which Call Box Services are provided to the public or a class of the public for limited periods of time;

“Terminal Equipment” means telecommunication apparatus which is connected to another telecommunication system by means of which telecommunication services are provided to the public and which is used for the transmission, reception or storage of Messages;

“Terminal Equipment Regulations” means the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);

“Transfer Charge” means the charge which is applied by the Licensee to itself or to any member of the Licensee’s Group for the use or provision of a service which is the same as a Standard Service;

“ Transit Service” means any telecommunication service consisting in the conveyance of any Message which originates outside the United Kingdom and is not to be terminated within the United Kingdom and for which a separate accounting rate has been agreed;

“Users” means individuals, including Consumers, or organisations using or requesting Publicly Available Telephone Services;

“Value Added Applicable System” means that part of any of the Applicable Systems (other than a fixed link) which is used for the purpose of providing a Value Added Service provided by the Licensee, but only to the extent that it is or they are so used; and

“Value Added Service” means any service which is provided by means of the Applicable Systems, not being a service which consists wholly in the provision of any Network Services.