The Telecommunications (Licence Modification) (Satellite Operator Licences) Regulations 2000

Citation and commencement

1.  These Regulations may be cited as the Telecommunications (Licence Modification) (Satellite Operator Licences) Regulations 2000 and shall come into force on 21st July 2000.

Interpretation

2.  In these Regulations—

“the 1984 Act” means the Telecommunications Act 1984(1);

“the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;

“the modified licences” means the relevant licences as amended by these Regulations; and

“the relevant licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 1 hereto on the date specified against each person in column 2 thereof.

Modification of the relevant licences

3.  The relevant licences are hereby modified as follows:—

(a) for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 2 hereto;

(b) in paragraph 2, after the word “signature” to the end there shall be substituted the words “and shall be of twenty five years' duration in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years' notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of this Licence.”;

(c) for paragraph 6 there shall be substituted the following paragraph—

“6.   Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.”;

(d) for Schedule 1 there shall be substituted Schedule 1 as set out in Schedule 3 hereto;

(e) for Schedule 2 there shall be substituted Schedule 2 as set out in Schedule 4 hereto;

(f) for Schedule 3 there shall be substituted Schedule 3 as set out in Schedule 5 hereto, subject to the modification that, in the case of the licences specified in Part B of Schedule 1 hereto after sub-paragraph (a) of paragraph 3 there shall be inserted the following sub-paragraph—

“(b) the conveyance of Messages which have been or are to be conveyed under sub-paragraph 3(a) above by means of the Applicable Systems to or from any telecommunication system not run under a Licence issued to a particular person.”;

(g) for Annex A:

(i) in the case of the licences specified in Part A of Schedule 1 hereto there shall be substituted Annex A as set out in Part 1 of Schedule 6 hereto; and

(ii) in the case of the licences specified in Part B of Schedule 1 hereto there shall be substituted Annex A as set out in Part 2 of Schedule 6 hereto; and

(h) after Annex A there shall be inserted Annex B as set out in Schedule 7 hereto.

Transitional provisions

4.—(1) So far as anything done or treated as done under or for the purposes of any provision of the former licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences shall be treated for all purposes as made and having effect under the corresponding provision.

(2) Where any period of time specified in a provision of the former licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time—

(a) ran from the date or event from which it was running immediately before the coming into force of these Regulations, and

(b) expired whenever it would have expired if the former licences had not been modified;

and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences.

Revocation of licences

5.  The licences granted by the Secretary of State under section 7 of the 1984 Act specified in column 1 of Schedule 8 hereto on the dates specified against each person in column 2 thereof are revoked.

Patricia Hewitt,

Minister of State for Small Business and E Commerce,

Department of Trade and Industry

28th June 2000