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

6.  Where the Director makes a determination for the purposes of Part A, B, C, D, E or F of Schedule 1, or decides that such a determination shall no longer apply, the procedure shall be as follows:

(a) the Director shall serve upon the Licensee a notice, with reasons, informing the Licensee that it appears to the Director that the Licensee is all or any of the following or is not all or any of the following, as the case may be:

(i) a Provider of Universal Services as referred to in Condition 38;

(ii) a supplier of telecommunication services as referred to in Condition 43;

(iii) an Operator having Significant Market Power for the purposes of the Interconnection Directive as referred to in Condition 44;

(iv) an Operator having Significant Market Power for the purpose of the Revised Voice Telephony Directive as referred to in Condition 51;

(v) an Operator having Significant Market Power for the purposes of the Leased Lines Directive as referred to in Condition 55;

(vi) an Operator having Market Influence as referred to in Condition 56;

(b) the notice in sub-paragraph (a) above shall be copied to Interested Parties at the same time as being served upon the Licensee;

(c) the Licensee and Interested Parties shall be given a period of not less than 28 days in which to make representations;

(d) the representations made by the Licensee or Interested Parties, or both, shall be published in such manner as the Director considers appropriate to bring such representations to the attention of the Licensee and Interested Parties (having regard to the wish of the Licensee or any Interested Party to keep matters contained in any representation confidential);

(e) the Licensee and Interested Parties shall be given a further period of not less than 28 days in which to make any observations on the representations which have been published;

(f) when the Director has considered the representations and any observations made, he shall prepare a draft decision and statement of reasons for that decision and send it to the Licensee, and any Interested Party who has submitted representations or observations, or both, giving those persons a period of not less than 14 days within which to comment; and

(g) after considering any comments received, the Director shall inform the Licensee of his decision, with reasons, and publish such decision in the same manner he published the representations referred to in paragraph 6(d) above