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Statutory Instruments

1999 No. 2454

TELECOMMUNICATIONS

The Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999

Made

3rd September 1999

Laid before Parliament

6th September 1999

Coming into force

27th September 1999

The Secretary of State, being a Minister designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in respect of measures relating to telecommunications, in the exercise of the powers conferred on him by that section, hereby makes the following Regulations:

Marginal Citations

Citation and commencementU.K.

1.  These Regulations may be cited as the Telecommunications (Licence Modification) (Cable and Local Delivery Operator Licences) Regulations 1999 and shall come into force on 27th September 1999.

InterpretationU.K.

2.  In these Regulations—

Marginal Citations

M31984 c. 12, as amended by the Telecommunications (Licensing) Regulations 1997 (S.I. 1997/2930). There are other amendments to 1984 c. 12 which are not relevant to these Regulations.

Modification of the relevant licencesU.K.

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 3 hereto, subject to the following amendment—

in the case of the Comment Cablevision North East Partnership licence, after Annex B in the Table of Contents there shall be added the words “ ANNEX C DESCRIPTION OF THE PARTNERSHIP ”;

(b)in the case of the relevant cable licences—

(i)in paragraphs 1 and 2, for the words “Applicable Cabled Systems" wherever they appear there shall be substituted the words “ Applicable Systems ”;

(ii)in paragraph 2 of the relevant cable licences specified in Part A of Schedule 1 hereto other than the Comment Cablevision North East Partnership licence, for the words “Annex C" there shall be substituted the words “ Annex B1 ”;

(iii)in paragraph 2 of the Comment Cablevision North East Partnership licence, for the words “Annex D" there shall be substituted the words “ Annex B1 ”;

(iv)in paragraph 3, before the words “shall continue" there shall be inserted the words “ without prejudice to Schedule 2 to this Licence ”;

(c)in the case of the relevant cable licences other than the Windsor Television Limited licence, after paragraph 3 there shall be added the following paragraphs—

Interpretation

4.  The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.

5.  In this Licence, 'Licence’ means a licence granted or having effect as if granted under section 7 of the Act.

6.  For the purposes of this Licence the “Applicable Systems" means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires.

7.  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.

8.  Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.;

(d)in the case of the Windsor Television Limited licence, after paragraph 4 the paragraphs set out in sub-paragraph (c) above shall be added as paragraphs 5 to 9 respectively;

(e)in the case of the relevant local delivery operator licences—

(i)in paragraph 1 of the licences set out in Part A of Schedule 2 hereto, for the words “telecommunication systems of every description" there shall be substituted the words “ the telecommunication systems specified in Annex A ”;

(ii)in paragraph 5 of the licences specified in sub-paragraph (e)(i) above other than the CableTel Northern Ireland Limited licence, for the words “Annex A" there shall be substituted the words “ Annex B ”; and

(iii)for paragraph 7 there shall be substituted the following paragraph—

7.  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.;

(f)for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the following amendments—

(i)in the case of each relevant cable licence—

(aa)condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments—

(i)for paragraph 1 there shall be substituted the following paragraph—

1.1(a) If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).

(b)If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).

(c)The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.; and

(bb)after paragraph 4 of condition 1 there shall be inserted the following paragraph—

1.5  In this Condition—

'Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990;;

(ii)in the case of the relevant local delivery operator licences other than the Coventry Cable licence, after paragraph 2 of condition 1 there shall be inserted the following paragraphs—

1.3  The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the requirements of a licence granted, or having effect as if granted, to the Licensee or a member of the Licensee’s Group under Part II of the Broadcasting Act 1990, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.

1.4  In this Condition—

'Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.; and

(iii)in the case of the Coventry Cable licence condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments—

(aa)for paragraph 1 there shall be substituted the following—

1.1(a) If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).

(b)If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).

(c)The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.; and

(bb)for paragraphs 5 and 6 there shall be substituted the following—

1.5  In this Condition—

'Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.;

(g)for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules, subject to the following amendments—

(i)in the case of the relevant licences other than those specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph—

(k)if any licence granted, including a licence having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990 is revoked.; and

(ii)in the case of the relevant licences specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph—

(k)if any licence granted to the Licensee or a member of the Licensee’s Group, including a licence having effect as if granted, under Part II of the Broadcasting Act 1990 is revoked.;

(h)for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules, subject to the following amendments—

(i)in paragraph 2,

(aa)after sub-paragraph (d) there shall be inserted the following sub-paragraph—

(dd)any telecommunication system of the kind mentioned in section 6(2A) of the Act run by a broadcasting authority; and

(bb)in sub-paragraph (e) for the words “paragraphs 2(a) to 2(d)" there shall be substituted the words “ paragraphs 2(a) to 2(dd) ”; and

(ii)in the case of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, after sub-paragraph (d) of paragraph 3 there shall be added the following—

Provided That the Licensee may not provide in any particular geographical area telecommunication services comprising the conveyance of Messages authorised above under the terms of this Licence and which originate or terminate in that geographical area for so long as the Licensee or a member of the Licensee’s Group holds an individual licence (other than this Licence) granted or to be granted under section 7 of the Act which authorises the provision of those particular services in that particular geographical area and which has not been revoked in accordance with the provisions of Schedule 2 to that licence, except where that licence has been revoked with the agreement of the licensee thereunder.;

(i)for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;

(j)in each of the relevant cable licences, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto;

(k)in each of the relevant cable licences specified in Part A of Schedule 1 hereto Annex B shall be deleted;

(l)in each of the relevant local delivery operator licences other than those specified in Part B of Schedule 2 hereto Annex A shall be renumbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto; and

(m)in each of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto, save that in paragraph 1 thereof after the words “United Kingdom" there shall be inserted the words “ but only in so far as they are used to convey services whose provision is authorised under paragraph 3 of Schedule 3 to this Licence and ”.

Transitional provisionsU.K.

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.

Patricia Hewitt,

Minister of State for Small Business and E. Commerce,

Department of Trade and Industry

3rd September 1999

Regulation 2

SCHEDULE 1U.K.

PART AU.K.

Column 1Column 2
Aberdeen Cable Services Ltd20/5/1985
Coventry Cable Limited22/5/1985
Swindon Cable Ltd31/12/1986
City Centre Cable3/5/1988
Cotswold Cable Television Company Limited26/8/1988
Southampton Cable Limited23/1/1989
East Lancashire Cablevision Limited21/6/1989
Andover Cablevision Limited28/6/1989
Cablevision Bedfordshire Limited23/8/1989
West Country Cable Limited5/12/1989
Cable North (Motherwell) Limited18/1/1990
Cable North (Cumbernauld) Limited18/1/1990
Cable North (Dumbarton) Limited18/1/1990
United Cable Television (London South) plc23/1/1990
Norwich Cablevision Ltd19/2/1990
Videotron London Limited15/3/1990
Peterborough Cablevision Ltd2/4/1990
Bolton Telecable Ltd4/4/1990
Videotron London Limited1/5/1990
Videotron London Limited1/5/1990
United Artists Communications (London South) PLC8/5/1990
Cable and Satellite Television Holdings Limited18/5/1990
East Coast Cable Limited7/6/1990
Mid Downs Cable Limited9/7/1990
Herts Cable Limited13/8/1990
City Centre Communications Limited31/8/1990
Derby Cablevision Limited3/9/1990
Leicester Communications Limited3/9/1990
Cable Television Limited4/9/1990
Southdown Cablevision Limited28/9/1990
Jones Cable Group of South Hertfordshire Limited15/10/1990
Fenland Cablevision Limited29/10/1990
Heartland Cablevision II (UK) Limited31/10/1990
South Yorkshire Cablevision Limited1/11/1990
Cable Thames Valley Limited2/11/1990
Cable North (Forth District) Limited11/11/1990
United Artists Communications (North Thames Estuary) Limited14/11/1990
Heartland Cablevision II (UK) Limited21/11/1990
East London Telecommunications Limited29/11/1990
Stort Valley Cable Limited29/11/1990
Starside Network Limited30/11/1990
United Artists Communications (South Thames Estuary) Ltd30/11/1990
Stafford Communications Limited4/12/1990
Cable Communications (St Helens and Knowsley) Limited8/12/1990
Telecable of Stockport Limited8/12/1990
Telecable of Macclesfield Limited19/12/1990
Staffordshire Cable Limited19/12/1990
Heartland Cablevision (UK) Limited19/12/1990
Cablevision (Scotland) plc20/12/1990
Telecable of Calderdale Limited7/1/1991
Telecable of Harrow Limited9/1/1991
Cablevision North Bedfordshire Limited9/1/1991
Cablevision Communications Company of Hertfordshire Ltd11/1/1991
Britannia Cablesystems Wirral Limited16/1/1991
Broadland Cablevision Limited17/1/1991
Tayside Cable Systems Ltd17/1/1991
Tayside Cable Systems Limited17/1/1991
East London Telecommunications Limited23/1/1991
Cheshire Cable Limited31/1/1991
Telecommunications Network Limited7/2/1991
Wessex Cable Limited7/2/1991
Wakefield Cable Limited7/2/1991
Jones Cable Group of Aylesbury and Chiltern Limited18/2/1991
Britannia Cablesystems Teesside Limited21/2/1991
Britannia Cablesystems Surrey Limited6/3/1991
Greater Manchester Cablevision Limited18/3/1991
Britannia Cablesystems Darlington Limited18/3/1991
Northampton Cable Television Limited27/3/1991
Britannia Cablesystems Solent Limited9/4/1991
Kingdom Cablevision Ltd18/4/1991
Videotron South Limited22/4/1991
Oxford Cable Limited22/5/1991
Videotron Thamesmead Limited6/6/1991
Comment Cablevision Wearside Partnership24/9/1993
Devon Cablevision Limited16/12/1993

PART BU.K.

Column 1Column 2
Westminster Cable Company Limited26/4/1985
Clyde Cablevision Ltd7/6/1985
CableTel Communications Limited24/9/1985
Windsor Television Ltd30/9/1985
East London Telecommunications Ltd1/7/1986
Cable Camden Limited7/8/1989
Lancashire Cable Television Limited14/10/1989
Merseyside Cablevision Limited14/10/1989
Birmingham Cable Limited2/11/1989
East London Telecommunications Limited16/11/1989
Cable Haringey Limited4/4/1990
Diamond Cable (Nottingham) Limited17/4/1990
Cambridge Cable Limited13/7/1990
NYNEX CableComms Wessex17/7/1990
Harrogate Telecommunications Complex29/10/1990
York Telecommunications Complex29/10/1990
Cable Hackney and Islington Limited29/10/1990
Cable Communications (Wigan) Ltd14/11/1990
Cable Commuications (Barnsley) Ltd14/11/1990
Cable Enfield Limited25/11/1990
Cable Communications (Liverpool) Limited30/11/1990
Jones Cable Group of Leeds Limited8/12/1990
Cablevision Communications Company Limited8/12/1990
Sheffield Cable Media Limited19/12/1990
Kirklees Cable20/12/1990
Alphavision Communications Grim-Clee Limited16/1/1991
Alphavision Communications Lincoln Ltd17/1/1991
Newport Cablevision23/1/1991
West Midland Cable Communications Limited25/1/1991
Clyde Cablevision29/1/1991
Clyde Cablevision29/1/1991
Clyde Cablevision29/1/1991
Clyde Cablevision29/1/1991
Middlesex Cable Limited15/2/1991
Diamond Cable (Mansfield) Limited20/2/1991
Diamond Cable (Newark) Limited27/3/1991
Diamond Cable (Grantham) Limited27/3/1991
Diamond Cable (Melton Mowbray) Limited27/3/1991
Windsor Television Limited11/4/1991
Telford Telecommunications Limited12/4/1991
Encom Cable TV & Telecommunications Limited11/3/1993
Encom Cable TV & Telecommunications Limited1/4/1993
Bradford Cable Communications Limited15/7/1993
Comment Cablevision Worcester Limited25/9/1993
Insight Communications Cardiff Limited13/10/1993
Cabletel Surrey Ltd13/10/1993
NYNEX CableComms Bury & Rochdale14/12/1993
NYNEX CableComms Oldham & Tameside14/12/1993
United Artists Communications (London South) plc14/1/1994

Regulation 2

SCHEDULE 2U.K.

PART AU.K.

Column 1Column 2
CableTel South Wales Limited4/11/1996
CableTel Northern Ireland Limited4/11/1996
Birmingham Cable Limited6/1/1997
Lichfield Cable Communications Limited.19/12/1996
Eurobell (West Kent) Limited14/10/1996
Telewest Communications Fylde & Wyre Limited19/12/1996
Telewest Communications Southport Limited19/12/1996
Sussex Cable & Telecoms Limited7/7/1997
Shropshire Cable & Telecoms Limited7/7/1997
Videotron Southampton & Eastleigh Limited4/11/1996
Coventry Cable Limited21/4/1997

PART BU.K.

Column 1Column 2
Telewest Communications plc14/1/1997
Diamond Cable Communications (UK) Ltd28/4/1997
Cable Thames Valley Limited28/7/1997
Eurobell Holdings plc28/7/1997
General Telecommunications Limited28/7/1997

Regulation 3(a)

SCHEDULE 3U.K. TABLE OF CONTENTS

Regulation 3(j)

SCHEDULE 4U.K.

ANNEX AU.K. THE APPLICABLE SYSTEMS

1.  The Applicable Systems are telecommunication systems of every description within the United Kingdom provided that a system (“the System") is an Applicable System only to the extent that it satisfies each of the following conditions:U.K.

(a)the System is one by means of which Messages are conveyed or are to be conveyed:

(i)from one Network Termination Point to another such Point;

(ii)from a Network Termination Point to another place which is neither a Network Termination Point nor a Call Office or from such a place to such a Point;

(iii)between a place which is neither a Network Termination Point nor a Call Office and another such place where their conveyance is not by way of provision of a service to another person; or

(iv)between a Call Office and any other place;

but in any case not beyond a Network Termination Point;

(b)none of the apparatus comprised in the System is Relevant Terminal Apparatus installed on premises occupied by a person to whom there are provided telecommunication services by means of the System.

2.  In this Annex:U.K.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the telecommunications licences granted to the licensees specified in Schedules 1 and 2 for the provision of cable television services. The Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (S.I. 1999/2450) replace the schedules to the licences, subject to certain specific amendments. The amendments are being made to these licences as part of the implementation in the United Kingdom of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications (OJ. No. L199, 26.7.97, p.32), which requires that conditions in all telecommunications licences of a similar type should be harmonised, except where objectively justified in particular instances.

A Regulatory Impact 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.

The licences modified by these Regulations may be inspected at the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ.