The Telecommunications (Licence Modification) (Mobile Public Telecommunication Operators) Regulations 1999

Amendments to Schedule 1 of the standard Schedules.

1.  In paragraph 1 of Part 1 of Schedule 1

(i) in the definitions of “Operator”, for the words “Condition 28” wherever they appear there shall be substituted the words “Conditions 28 and 68”;

(ii) for the definition of “Qualifying Operator” there shall be substituted the following definition—

• ““Qualifying Operator” has the meaning given to it in Condition 28.3 and 68.2;”;

(iii) for the definition of “Service Provider” there shall be substituted the following definition—

• ““Service Provider” means:

  (i)

  except for the purposes of the definition of “Direct Business” and Conditions 5, 22, 23, 28, 56A, 56B, 64, 68 and 69, any person who is in the business of providing telecommunication services of any description;

  (ii)

  for the purposes of the definition of “Direct Business” and Conditions 5, 22, 23, 28, 56A, 56B, 64 and 69, any person who is in the business of providing Mobile Radio Telecommunication Services to another by means of a telecommunication system lawfully connected to the Applicable Systems or who is in the business of securing the provision of such services by such means;

  (iii)

  for the purposes of Condition 68, any person providing a service for reward to the public which is delivered entirely by means of a telecommunication system;”

(iv) after the definition of “Value Added Service” there shall be inserted the following—

• “Additional Definitions relating to Schedule 1 to this Licence.

• “Apparatus Production Business” means the production of telecommunication apparatus insofar as it is undertaken in the United Kingdom by the Licensee or any wholly owned Subsidiary taken together;

• “Apparatus Supply Business” means any of the following activities of the Licensee or of any wholly owned Subsidiary insofar as they are undertaken in the United Kingdom together and do not form part of the activities of the Direct Business that is to say:

  (i)

  the supply of telecommunication apparatus; and

  (ii)

  the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of telecommunication apparatus, which in either case is to be connected to but not comprised in the Applicable Systems;

• “Cell” means a geographical area served by a Station for Wireless Telegraphy which is dedicated to transmitting or receiving Messages;

• “Cellular System” means a telecommunication system in which:

  (i)

  the area in which telecommunication services are provided is divided up into a number of Cells;

  (ii)

  Stations for Wireless Telegraphy comprised in the system are automatically controlled by a central processor;

  (iii)

  Messages are conveyed through the agency of Wireless Telegraphy between:

  (A)

  Stations for Wireless Telegraphy comprised in the system (the first system); and

  (B)

  telecommunication apparatus or telecommunication systems which in either case are designed or adapted to be capable of being used while in motion (the second system);

  (iv)

  the Wireless Telegraphy frequencies used for the purpose of conveyance are assigned automatically;

  (v)

  there is a control procedure which allows the telecommunication service consisting in the conveyance of Messages between any of the first systems and any of the second systems to be continued to be provided between a different first system and that particular second system as the second system moves from Cell to Cell; and

  (vi)

  the strength of emissions of the Stations for Wireless Telegraphy comprised in the system is automatically controlled so as to secure as far as technically possible that each such Station for Wireless Telegraphy can effectively provide services only in the Cell in which it is located;

• “Direct Business” means any of the following activities of the Licensee or any wholly owned Subsidiary insofar as they are undertaken in the United Kingdom taken together, that is to say:

  (i)

  the supply of any telecommunication apparatus which is or is to be connected to:

  (A)

  the Applicable Systems; or

  (B)

  any telecommunication system connected to the Applicable Systems, but which is not and is not to be comprised in the Applicable Systems;

  (ii)

  the provision of any telecommunication service consisting in the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of any such apparatus; or

  (iii)

  the provision of any telecommunication service by means of the Applicable Systems to or for any person who is not:

  (A)

  a Service Provider;

  (B)

  the Crown, an Emergency Organisation, or a person specified for the time being in Condition 1.4(c) of Schedule 1;

  (C)

  a Schedule 2 Public Operator; or

  (D)

  a person running a telecommunication system or providing telecommunication services outside the United Kingdom,

  including any activity to promote or market those activities;

• “Mobile Portability” means Portability relating to Numbers allocated for use with Mobile Radio Telecommunication Services;

• “Utility Services” means services consisting in the provision of gas, water or electricity; and

• “Wireless Telegraphy” and “tation for Wireless Telegraphy” have the same meaning as in the Wireless Telegraphy Act 1949.;”;