Tone dialling or DTMF (dual-tone multifrequency operation)
i.e. the fixed public telephone system supports the use of DTMF telephones for signalling to the exchange, using tones as defined in ETSI ETR 207, and supports the same tones for end-to-end signalling throughout the system both within a Member State and between Member States.
Selective call barring for outgoing calls
i.e. the facility whereby the subscriber can, on request to the telephone service provider, bar outgoing calls of defined types or to defined types of numbers.
Calling-line identification
i.e. the calling party’s number is presented to the called party prior to the call’s being established.
Direct dialling-in (or facilities offering equivalent functionality)
i.e. users on a private branch exchange (PBX) or similar private system can be called directly from the fixed public telephone system, without the intervention of the PBX attendant.
Call forwarding
i.e. incoming calls sent to another destination in the same or another Member State (for example, on no reply, on busy, or unconditionally).
Community-wide access to green or freephone services
These services, variously known as green numbers, freephone services, cover dial-up services where the caller pays nothing for the call to the number dialled.
Shared cost services
These services cover dial-up services where the caller pays only part of the cost of the call to the number dialled.
Community-wide premium rate services or shared revenue services
Premium rate service is a facility whereby charges for the use of a service accessed through a telecommunication system are combined with the system call charges.
Community-wide calling-line identification
i.e. the calling party’s number is presented to the called party prior to the call’s being established.
Access to operator services in other Member States
i.e. users in one Member State can call the operator or assistance service in another Member State.
Access to directory information services in other Member States
i.e. users in one Member State can call the directory information service in another Member State.
Technical characteristics of interfaces at commonly provided network termination points, including where applicable reference to relevant national or international standards or recommendations or both, of:
(a)for analogue or digitally presented networks or both:
(i)single line interface;
(ii)multiline interface;
(iii)direct dialling-in (DDI) interface;
(iv)other interfaces commonly provided;
(b)for ISDN (where provided)
(i)specification of basic and primary rate interfaces at the S/T reference points, including the signalling protocol;
(ii)details of bearer services able to carry voice telephony services;
(iii)other interfaces commonly provided;
and
(c)any other interfaces commonly provided.
| INDICATOR (NOTE 1) | DEFINITION | MEASUREMENT METHOD |
|---|---|---|
Note 1 Indicators should allow for performance to be analysed at a regional level (i.e. no less than level 2 in the Nomenclature of Territorial Units for Statistics (NUTS) established by Eurostat.) | ||
Note 2 Billing accuracy. National definitions and measurement methods should be used until such time as a common definition and measurement method are agreed at the European level. | ||
| supply time for initial connection | ETSI ETR 138 | ETSI ETR 138 |
| fault rate per access line | ETSI ETR 138 | ETSI ETR 138 |
| fault repair time | ETSI ETR 138 | ETSI ETR 138 |
| unsuccessful call ratio | ETSI ETR 138 | ETSI ETR 138 |
| call set up time | ETSI ETR 138 | ETSI ETR 138 |
| response times for operator services | ETSI ETR 138 | ETSI ETR 138 |
| response times for directory enquiry services | as for operator services | as for operator services |
| proportion of coin and card operated public pay—telephones in working order | ETSI ETR 138 | ETSI ETR 138 |
| billing accuracy | see note 2 | see note 2 |
The application of open network provision conditions as defined in Article 2(8) of the ONP Framework Directive should be in accordance with the following reference framework, taking into account the relevant rules of the EC Treaty:
Tariff principles must be consistent with the principles stated in Article 3(1) of the ONP Framework Directive. Those principles imply, in particular, that:
(i)tariffs must be based on objective criteria and, until such time as competition becomes effective in keeping down prices for users, must in principle be cost oriented, on the understanding that the fixing of the actual tariff level will continue to be governed by national law and is not the subject of open network provision conditions. Where an organisation no longer has Significant Market Power in the relevant market, the requirement for cost orientation may be set aside by the Director. One of the aims should be the definition of efficient tariff principles throughout the Community while ensuring a general service for all;
(ii)tariffs must be transparent and must be properly published;
(iii)in order to leave users a choice between the individual service elements and where technology so permits, tariffs must be sufficiently unbundled in accordance with the competition rules of the Treaty. In particular, additional features introduced to provide certain specific extra services must, as a general rule, be charged independently of the inclusive features and transportation as such;
(iv)tariffs must be non-discriminatory and guarantee equality of treatment, except for restrictions which are compatible with Community law.
Any charge for access to network resources or services must comply with the principles set out above and with the competition rules of the Treaty and must also take into account the principle of fair sharing in the global cost of the resources used, the need for a reasonable level of return on investment and, where appropriate, the financing of universal service in accordance with the Interconnection Regulations.
There may be different tariffs, in particular to take account of excess traffic during peak periods and lack of traffic during off-peak periods, provided that the tariff differentials are commercially justifiable and do not conflict with the above principles.
RVTD1 In this Part:
(a)Annex II, part 1 of the Revised Voice Telephony Directive shall have the meaning set out in that Directive, the relevant parts of which for the purpose of Condition RVTD7 as follows:
“Technical characteristics of interfaces at commonly provided network termination points are required, including where applicable reference to relevant national and/or international standards or recommendations:
for analogue and/or digitally presented networks:
single line interface;
multiline interface;
direct dialling-in (DDI) interface;
other interfaces commonly provided;
for ISDN: (where provided)
specification of basic and primary rate interfaces at the S/T reference points, including the signalling protocol;
details of bearer services able to carry voice telephony services;
other interfaces commonly provided;
and any other interfaces commonly provided.”
“Approved Apparatus” means, for the purpose of Condition RVTD7, in relation to any system, apparatus approved under section 22 of the Act for connection to that system or which is Compliant Terminal Equipment;
“Call Office” means, for the purpose of Condition RVTD7, 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;
“Code of Practice” means, for the purpose of Conditions RVTD2 and RVTD10, a code of practice prepared and disseminated by the Data Protection Registrar or by a trade association where, in the case of the latter, the Data Protection Registrar has notified the trade association that in his opinion the code promotes the following of good practice;
“Customer Interface” means, for the purpose of Condition RVTD7, the Technical Characteristics of each Interface at any Network Termination Point within an item of Network Termination and Testing Apparatus relating to Fixed Publicly Available Telephone Services provided by means of the Fixed Public Telephone System;
“Customer Interface Specification” means, for the purpose of Condition RVTD7, 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 RVTD2 and RVTD4, means directory information provided over a telephone system;
“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;
“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;
“Interested Parties” means, for the purpose of Condition RVTD7, those persons, other than the Licensee, with whom the Director considers it appropriate to consult;
“Interface” means, for the purpose of Condition RVTD7, a Customer Interface or a Network Interconnection Interface, as appropriate, and “Interface Specification”shall be construed accordingly;
“Interface Control” means, for the purpose of Condition RVTD7, that the Director has determined that the Licensee has sufficient influence to affect competition adversely in the manufacture of telecommunication apparatus by its ability to influence the costs and timescales which would be incurred by another tellecumunications operator, or supplier of telecommunication apparatus, including a manufacturer, in adopting the Licensee’s intended Interface Specification, or a comparable Specification provided by another party;
“Major Office” means the Licensee’s registered office and such other offices as the Director, having consulted the Licensee, may direct;
“Message” means anything falling within paragraphs (a) and (d) of section 4(1) of the Act;
“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 which are not at fixed locations;
“Network Connecting Apparatus” means, for the purpose of Condition RVTD7, telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another system;
“Network Interconnection Interface” means, for the purpose of Condition RVTD7, the Technical Characteristics of each interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Fixed Publicly Available Telephone Services provided by means of the Fixed Public Telephone System;
“Network Interconnection Interface Specification” means, for the purpose of Condition RVTD7, a description of a Network Interconnection Interface;
“Network Termination Point” means, for the purpose of Condition RVTD7, any point:
within an item of Network Connecting Apparatus at which energy in any of the forms specified in section 4(1) of the Act is conveyed directly to or from apparatus comprised in a telecommunication system other than the one in which that Network Connecting Apparatus is comprised; or
within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus;
“Network Termination and Testing Apparatus” means, for the purpose of Condition RVTD7, an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:
Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems; and
the conveyance of Messages between such Apparatus and the Applicable Systems; and
the due functioning of the Applicable systems to be tested;
but the only other functions of which, if any, are:
to supply energy between such Apparatus and the Applicable Systems;
to protect the safety or security of operation of the Applicable Systems; or
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);
“Notifying Licensee’s Interface Specification” means, for the purpose of Condition RVTD7, any Interface Specification which has been notified by any telecommunications operator, other than the Licensee, pursuant to a condition in that operator’s Licence which is similar to Condition RVTD7;
“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;
“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;
organisation, storage, adaption, or alteration of the data or information;
retrieval, consultation or use of the data or information;
disclosure of the data or information by transmission, dissemination, or otherwise making available, or
alignment, combination, blocking, erasing or destruction of the data or information;
and “processing” shall be interpreted accordingly;
“Public Operator” means a person to whom a licence has been granted under section 7 of the Act authorising the running of Public Telephone Systems and the provision of Publicly Available Telephone Services;
“Publicly Available Mobile Telephone Services” means a telephony service whose provision consists, wholly or partly, in the establishment of radiocommunications to one mobile user, and makes use wholly or partly of a Mobile Public Telephone System.
“Publicly Available Telephone Services” means either Fixed Publicly Available Telephone Services or Publicly Available Mobile Telephone Services or both;
“Public Telephone System” means a Fixed Public Telephone System or a Mobile Public Telephone System, or both;
“Relevant Consulting Period” means, for the purpose of Condition RVTD7:
in the case of any Network Interconnection Interface Specification, six months from the date of notification to the Director,
in the case of any Customer Interface Specification, 60 days from the date of such notification to the Director, or
in the case of either Interface Specification, such other period as the Director agrees; during this period the Director may consult with Interested Parties;
“Relevant Data Protection Legislation” means the Data Protection Act 1984 and from 24 October 1998 Directive 95/46EC 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 Directive 97/66/EC of the European Parliament and Council concerning the processing of personal data and the protection of privacy in the telecommunica tions sector;
“Relevant Party” means, for the purpose of Condition RVTD7, 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 Terminal Apparatus” means, for the purpose of Condition RVTD7:
“Terminal Apparatus” that is to say any telecommunication apparatus installed on Served Premises by means of which Messages are initially transmitted or ultimately received except a Call Office; and
any other telecommunication apparatus directly connected to Terminal Apparatus (including apparatus which is Terminal Apparatus by virtue of this paragraph) which would, if it were run with such Terminal Apparatus and any other apparatus by means of which it is so connected, constitute a system authorised to be run by the person running that Terminal Apparatus under a Licence;
“the Revised Voice Telephony Regulations” means the Telecommu nications (Open Network Provision) (Voice Telephony) Regulations 1998 and any reference to a Regulation in these Conditions refers to those Regulations;
“Served Premises” means, for the purpose of Condition RVTD7, 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; and
“Technical Characteristics” means, for the purpose of Condition RVTD7, the physical, electrical and other relevant characteristics and the network interworking and service management protocols; and
(b)words and expressions used shall, unless specified otherwise, have the same meaning as in the Revised Voice Telephony Regulations;
(c)the Revised Voice Telephony Conditions are inserted for the purposes of application of the Revised Voice Telephony Directive and shall, accordingly, be construed in accordance with that Directive and with the ONP Framework Directive;
(d)in the event of any conflict between any provision of the Revised Voice Telephony Conditions and any provision of any other Condition of this Licence, the latter provision shall, to the extent of such conflict, be taken to be disapplied; and
(e)subject to paragraph (d) above, the Licensee is not required to give effect to any obligation in any Revised Voice Telephony Condition in so far as the Licensee is required to give effect to such obligation under any other condition of the Licence.
RVTD2.1 Where the Licensee Processes any data or information pursuant to this Condition, the Licensee shall comply with Relevant Data Protection Legislation, including any relevant Code of Practice.
RVTD2.2 Where the Licensee, pursuant to this Condition, supplies to any person, data or information subject to any Code of Practice, the Licensee shall secure that such person undertakes to Process such data or information in accordance with such code.
RVTD2.3 Where the Licensee has a contract with a subscriber for the provision of publicly available telephone services in respect of which a telephone number has been allocated to that subscriber (whether or not by the Licensee):
(a)the Licensee shall ensure that Directory Information concerning that subscriber, in relation to services provided by the Licensee to the subscriber, is included in a publicly available telephone directory, and as part of a Directory Information Service provided to end-users, and
(b)the Licensee shall ensure that such subscriber has the right to verify, correct or request removal of such Directory Information relating to that subscriber.
RVTD2.4 The Directory Information Service and directories shall contain Directory Information on all subscribers who have been allocated telephone numbers, including subscribers provided with Publicly Available Telephone Services by any other person, except to the extent that such subscribers have expressed opposition to inclusion of any Directory Information about them.
RVTD2.5 The obligation in paragraph RVTD2.3 above applies whether or not such directory or Directory Information Service is provided to that subscriber by the Licensee, or by another person.
RVTD2.6 The Licensee may charge its subscribers a reasonable fee for inclusion of Directory Information in a directory or as part of the Directory Information Service referred to in paragraph RVTD2.3 above.
RVTD2.7 Where the Licensee is a public telecommunications operator running a Public Telephone System, the Licensee shall make available to any end-user using telecommunication apparatus which is lawfully connected to the Applicable Systems, on request by such person, directories which comply with RVTD2.4 above.
RVTD2.8 The directories referred to in this Condition may be produced by the Licensee or by another person, and shall be in a form approved by the Director whether printed or electronic or both, and shall be updated on a regular basis.
RVTD2.9 The Licensee may make the directories referred to in paragraph RVTD2.7 above available in consideration for a reasonable fee paid to the Licensee by the person who has requested the directory.
RVTD2.10 Where the Licensee is a public telecommunications operator running a Public Telephone System, the Licensee shall, subject to paragraph RVTD4.2(a) and paragraph RVTD 4.4 below, provide to any end-user using telecommunication apparatus which is lawfully connected to the Applicable Systems, a Directory Information Service which complies with RVTD2.4 above.
RVTD2.11 The Licensee may make the Directory Information Service referred to in paragraph RVTD2.10 above available in consideration for a reasonable fee paid to the Licensee by the subscriber of the Licensee.
RVTD2.12 Where the Licensee (whether or not a public telecommunications operator) has been allocated telephone numbers by the Director, the Licensee shall, on request in accordance with paragraph RVTD2.15 below, supply to any public telecommunications operator subject to the obligations in paragraphs RVTD2.7 and RVTD2.10 above, the name, address and telephone number of the Licensee’s subscribers and of any other end-user sub-allocated a telephone number from those telephone numbers, for the purpose of enabling such operator to comply with its obligations under paragraph RVTD2.7 or RVTD2.10 or both above.
RVTD2.13 Where the Licensee (whether or not a public telecommunications operator) has been sub-allocated telephone numbers whether by a licensee or another person, the Licensee shall on request in accordance with paragraph RVTD2.15 below, supply to:
(a)the person who sub-allocated such telephone numbers to the Licensee, or
(b)(if different from (a) above), the licensee who was allocated such telephone numbers by the Director,
the name, address and telephone number of the Licensee’s subscribers and of any other end-user allotted a telephone number from the telephone numbers sub-allocated to the Licensee.
RVTD2.14 The Licensee shall supply any information under paragraph RVTD2.13 above for the purpose of enabling the person requesting the information to:
(a)comply with its obligations under paragraph RVTD2.7 or paragraph RVTD2.10 above or both, or
(b)meet any request made to that person in accordance with paragraphs RVTD2.12 or RVTD2.13 above, or Regulation 10(5).
RVTD2.15 The Licensee shall supply any information under paragraphs RVTD2.12 and RVTD2.13 at the reasonable request of the person requesting the information. Without prejudice to the generality of the foregoing, the Licensee may refuse to supply such information if the person requesting the information does not undertake to Process such data or information in accordance with any relevant Code of Practice, or the Licensee has reasonable grounds to believe that the person requesting the information will not comply with Relevant Data Protection Legislation.
RVTD2.16 The Licensee shall supply any information under paragraph RVTD2.12 or paragraph RVTD2.13 above, having due regard, in such manner as is appropriate, to any subscriber who has expressed opposition to inclusion of Directory Information about that subscriber in a directory or as part of Directory Information Service provided to end-users.
RVTD2.17 Where the Licensee is requested to supply any information in accordance with paragraph RVTD2.12 or RVTD2.13 above, the Licensee shall do so on terms which are fair, cost oriented and non-discriminatory, and in a format which is agreed between the Licensee and the person requesting the information, or approved by the Director, where no such agreement is reached.
RVTD2.18 Where the Licensee is subject to the obligations under paragraph RVTD2.7 and paragraph RVTD2.10 above, it shall ensure that it follows the principle of non-discrimination in its treatment and presentation of information provided to it.
RVTD3.1 Where the Licensee runs a Fixed Public Telephone System which includes public pay-telephones, the Licensee shall ensure that it is possible to make from all such public pay-telephones emergency calls using the single European emergency call number “112” and the national emergency call number “999”, free of charge and without having to use coins or cards.
RVTD4.1 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall ensure that each user can connect and use terminal equipment suitable for the connection provided by the Licensee to that user, in accordance with national and European Community law.
RVTD4.2 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall ensure that each user of telecommunication apparatus which is lawfully connected to the Applicable Systems can:
(a)access operator assistance services and a Directory Information Service in accordance with paragraph RVTD2.10; and
(b)access emergency services at no charge, using the emergency call number codes “112”and “999”.
RVTD4.3 Where the Licensee runs a Mobile Public Telephone System, the Licensee shall ensure that each user provided with a connection to that system can access the services specified in paragraphs RVTD4.2(a) and RVTD4.2(b).
RVTD4.4 The obligation in paragraph RVTD4.2(a) does not apply to the Licensee
(a)to the extent that a subscriber of the Licensee has decided not to receive such services; or
(b)in the case of services which incur a charge to the subscriber, due warning of disconnection has been given to the subscriber in accordance with a direction made under regulation 34(3).
RVTD5.1 Where the Licensee runs a Public Telephone System, it shall offer either to enter into a contract with each of its subscribers which complies with paragraph RVTD5.2 or to vary an existing contract to comply with paragraph RVTD5.2, except to the extent that the Licensee has already entered into a contract which complies with these requirements.
RVTD5.2 The contract referred to in this Condition shall either specify the service to be provided or shall make reference to publicly available terms and conditions. The contract or publicly available terms and conditions shall at least specify, if relevant:
(a)the supply time for initial connection;
(b)the types of maintenance service offered;
(c)the compensation or refund arrangements or both for subscribers which apply if the contracted service is not met and if none are applicable, a statement to that effect;
(d)a summary of the method of initiating procedures for the settlement of disputes; and
(e)information on service quality levels offered.
RVTD5.3 The Licensee shall secure such alteration to the conditions of contracts, and the conditions of any compensation or refund arrangements or both used by the Licensee as the Director may direct pursuant to Regulation 15(4).
RVTD6.1 Where the Licensee runs a Public Telephone System, the Licensee shall from time to time publish adequate and up-to-date information for consumers on its standard terms and conditions with regard to access to the Public Telephone System or provision of Publicly Available Telephone Services or both. In particular, the Licensee shall ensure that tariffs for end-users, any minimum contractual period, if relevant, and conditions for renewal of the contracts are presented clearly and accurately.
RVTD6.2 Publication of the information specified in this Condition and in Conditions RVTD8.3, RVTD13.5, RVTD13.8 and RVTD16.1(a)(ii) shall be effected by:
(a)placing a copy of such information in a publicly accessible part of every Major Office of the Licensee in such manner and in such place that it is readily available for inspection free of charge by members of the general public during such hours as the Secretary of State may by order prescribe under section 19(4) of the Act or in the absence of any such order having been made by the Secretary of State, during normal office hours; and
(b)sending a copy of such information or such part or parts thereof as are appropriate to any consumer who may request such a copy.
RVTD6.3 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall inform the Director in writing, without undue delay, of any particular network characteristics which are found to affect the correct operation of terminal equipment. Such information shall be made available by the Director to terminal equipment suppliers at their request pursuant to Regulation 17(4)(c).
RVTD7.1 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall, in relation to all Customer Interfaces and Network Interconnection Interfaces described in Annex II, part 1 of the Directive, in use by the Licensee at the time this Condition comes into force, notify such Interfaces to the Director and publish Interface Specifications relating to such Interfaces within 90 days of this Condition coming into force, in accordance with paragraph RVTD7.6 below.
RVTD7.2 Where the Licensee runs a Fixed Public Telephone System and has Interface Control in relation to any new Interface Specification described in Annex II, part 1 of the Directive, which the Licensee intends to use and which is not published under paragraph RVTD7.1:
(a)the Licensee shall notify such Interface Specification to the Director at the commencement of the Relevant Consulting Period;
(b)the Licensee shall, if so directed by the Director, consult with Interested Parties during the Relevant Consulting Period;
(c)the Licensee may, during and after the Relevant Consulting Period, modify any such Interface Specification in line with representations made and any advice offered by the Director to the Licensee relating to such representations;
(d)the Licensee shall, after the end of the Relevant Consulting Period, publish the Interface in accordance with paragraph RVTD7.6 below;
(e)the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 15 months, except where the Director has consented to a shorter period following the written application of the Licensee.
RVTD7.3 Where the Licensee running a Fixed Public Telephone System does not have Interface Control in relation to any new Interface Specification described in Annex II, part 1 of the Directive, which the Licensee intends to use, and which is not published under paragraph RVTD7.1 above:
(a)the Licensee shall notify such Interface Specification to the Director;
(b)the Licensee shall publish the Interface Specification in accordance with paragraph RVTD7.6 below;
(c)the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 15 months, except where the Director has consented to a shorter period following the written application of the Licensee.
RVTD7.4 Where any Interface Specification to which paragraphs RVTD7.1, RVTD7.2 and RVTD7.3 above apply is modified by the Licensee:
(a)the Licensee shall notify such modification to the Director and publish such modification in accordance with paragraph RVTD7.6 below;
(b)the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 3 months, except where the Director has consented to a shorter period following the written application of the Licensee; and
(c)the modification shall include any change in the description of any Interface which may affect the maintenance of effective interoperability of services by means of the Interface described in the relevant Interface Specification.
RVTD7.5 Where any interface described in any Interface Specification to which paragraphs RVTD7.1, RVTD7.2, RVTD7.3 and RVTD7.4 above apply is withdrawn by the Licensee:
(a)the Licensee shall notify such withdrawal to the Director and publish such withdrawal in accordance with paragraph RVTD7.6 (b) below; and
(b)the Licensee shall not make any modifications to the Applicable Systems conforming to the new Interface Specification until a sufficient period has elapsed after publication of the Interface Specification to enable any Relevant party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems. Such period shall be not less than 15 months, except where the Director has consented to a shorter period following the written application of the Licensee.
RVTD7.6 The requirements as to publication are that:
(a)the description of the Technical Characteristics must be such as to assist in securing the effective interoperability of telecommunication systems and apparatus, and to secure, in particular, (although without prejudice to the generality of the foregoing) the correct operation of terminal equipment;
(b)the Licensee shall ensure that each Interface Specification is published in a manner appropriate for bringing the matters to which the Interface Specification relates to the attention of:
(i)the persons mentioned in paragraph RVTD7.6(c) below;
(ii)any person whom the Director considers likely to be affected by or to have an interest in such matters and whom the Director has determined for the purpose of this sub-paragraph; and
(iii)any other person likely to be affected by or to have an interest in such matters;
(c)the Secretary of State, the British Standards Institution, all persons to whom functions have been delegated pursuant to section 25 of the Act, all telecommunication operators with whom the Licensee is obliged to offer interconnection on request, appropriate representatives of suppliers and manufacturers of telecommunication apparatus and systems, and appropriate representatives of users or consumer interests; and
(d)where the Director considers it necessary to enable Interested Parties to obtain easy access to the information contained in Interface Specifications, he may direct the Licensee to send copies of any Interface Specification, or any class of Interface Specification, to any person specified by him for the purposes of this sub-paragraph.
RVTD7.7 If, following any representation made to him, the Director concludes that any Interface Specification contains insufficient information for its purpose he may direct the Licensee to:
(a)amend the Interface Specification in order to remedy the defect, and
(b)publish the amended Interface Specification in accordance with the provisions of paragraph RVTD7.6 and in relation to any period specified by the Director which takes into account the need to ensure a sufficient period has elapsed after publication of the amended Interface Specification to enable any Relevant Party to have a reasonable period in which to make any appropriate modifications to apparatus connected to the Applicable Systems.
RVTD8.1 This Condition applies:
(a)where the Licensee is an Operator having Significant Market Power; or
(b)where the Licensee has been running a Fixed Public Telephone System for more than eighteen months and the Director has made a direction pursuant to Regulation 19(3), paragraphs RVTD8.2 and RVTD8.4 shall apply.
RVTD8.2 The Licensee shall keep up-to-date information concerning its performance based on the parameters, definitions and measurement methods laid down in Schedule III to the Regulations. The Licensee shall provide this information to the Director on request.
RVTD8.3 Where the Director has set quality-of-service standards or performance targets or both pursuant to Regulations 19(1), 19(3)(b) in respect of the Licensee, the Licensee shall meet such standards or targets or both, and shall, if requested by the Director, publish data on its performance in the manner laid down in Condition RVTD6.2.
RVTD8.4 Where, pursuant to Regulation 19(3)(c), the Director makes a direction calling for an independent audit of the performance data kept by the Licensee pursuant to paragraph RVTD8.2, the Licensee shall furnish to the Director, in such manner and at such times as the Director may reasonably request, such information in the form of documents, accounts, estimates, returns, and without prejudice to the generality of the foregoing, such other information as he may reasonably require for the purpose of ensuring the accuracy and comparability of the data made available by licensees to whom this Condition applies.
RVTD9.1 The Licensee shall comply with any decision taken in accordance with the procedures referred to in Regulation 21(1) which relates to proceedings to which the Licensee is a party.
RVTD9.2 Where the Licensee runs a Fixed Public Telephone System, it shall comply with any notice served on it pursuant to Regulation 21(6)(a).
RVTD9.3 Where the Licensee is a public telecommunications operator, the Licensee shall take all reasonably practicable steps to maintain, to the greatest extent possible, the availability of Fixed Public Telephone Systems run by the Licensee and Fixed Publicly Available Telephone Services provided by it, having particular regard to the needs of Emergency Organisations, in the event of catastrophic network failure, or in cases of force majeure, such as extreme weather, earthquake, flood, lightning or fire.
RVTD9.4 Where the Licensee is a public telecommunications operator, the Licensee shall take all reasonably practicable steps to maintain, to the greatest extent possible, the integrity of Fixed Public Telephone Systems run by the Licensee and Fixed Publicly Available Telephone Services provided by it, having particular regard to the needs of Emergency Organisations; that is to say, protection of the physical and functional operation of such systems and services against malfunctions or failures caused by electrical conditions, signalling protocols or traffic loads conveyed from telecommunication systems connected to the Applicable Systems.
RVTD9.5 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall ensure that any restrictions imposed by it on access to and use of its Fixed Public Telephone System on grounds of maintenance of network integrity, in order to protect, inter alia, network equipment, software or stored data are kept to the minimum necessary to provide for normal operation of the System.
RVTD9.6 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall ensure that any restrictions imposed by it on access to and use of its Fixed Public Telephone System on the grounds of network security or network integrity are proportionate, non-discrim inatory, and based on objective criteria identified in advance.
RVTD9.7 Where the Licensee is a public telecommunications operator, the Licensee shall take all necessary steps in order to maintain so far as practicable the highest level of services to meet any priorities specified by the Director.
RVTD9.8 Where the Licensee runs a Fixed Public Telephone System, it shall not impose any restrictions on the use of any terminal equipment which complies with the Terminal Equipment Regulations on the grounds of interoperability of services.
RVTD9.9 Where the Licensee runs a Fixed Public Telephone System, it may impose conditions on access to and use of its Fixed Public Telephone System, on the ground of protection of data only in accordance with Relevant Data Protection Legislation.
RVTD10.1 Where the Licensee Processes any data or information pursuant to this Condition, the Licensee shall comply with Relevant Data Protection Legislation, including any relevant Code of Practice.
RVTD10.2 Where the Licensee runs a Fixed Public Telephone System, the Licensee shall provide to each of its subscribers a basic level of itemised billing at no extra charge to the subscriber. Where the Director has directed what constitutes a basic level of itemised billing pursuant to Regulation 22(4), the Licensee shall make that level of itemised billing available to its subscribers. Where appropriate, the Licensee may offer additional levels of detail to subscribers at reasonable tariffs or at no charge.
RVTD10.3 The Licensee shall ensure that each itemised bill shows a sufficient level of detail to allow verification and control of the charges incurred in using its Fixed Public Telephone System.
RVTD10.4 The Licensee shall ensure that calls which are free of charge to its subscribers, including calls to helplines, shall not be identified in its subscribers' itemised bills.
RVTD11.1 This Condition applies as follows:
(a)paragraphs RVTD11.3 and RVTD11.4 apply to any Public Operator running a Fixed Public Telephone System;
(b)paragraph RVTD11.2 applies only where the Licensee is an Operator having Significant Market Power which provides voice telephony services.
RVTD11.2 The Licensee shall, subject to technical feasibility and economic viability, make available to users the facilities listed in Part 2 of Schedule I to the Regulations.
RVTD11.3 Where the Licensee provides any of the facilities described in paragraphs (a) and (c) of Part 2 of Schedule I and in paragraphs (d) and (f) of Part 3 of Schedule I, it shall do so in accordance with Relevant Data Protection Legislation.
RVTD11.4 Where the Licensee does not yet offer the facility of number portability on request to any of its subscribers, the Licensee shall ensure that, with regard to any such subscriber, for a reasonable period after that subscriber has changed to a different supplier of telephone services either a telephone call to his old number can be re-routed to his new number for a reasonable fee or callers are given an indication of the new number, without charging the called party for this service.
RVTD12.1 This Condition applies where:
(a)the Licensee is an Operator having Significant Market Power in the running of Fixed Public Telephone Systems, and
(b)the Licensee receives a request from an organisation providing telecommunications services for access to its Fixed Public Telephone System at network termination points other than the commonly provided network termination points referred to in Part 1 of Schedule II to the Regulations (and for the purpose of this Condition the foregoing shall mean “special network access”).
RVTD12.2 The Licensee shall deal with reasonable requests for special network access except where the Director has determined pursuant to Regulation 26(2) that this obligation does not apply on a case by case basis and on the grounds that there are technically and commercially viable alternatives to the special access requested and that the requested access is inappropriate in relation to the resources available to meet the request.
RVTD12.3 The Licensee shall grant the organisation making the request an opportunity to put its case to the Director before a final decision is taken to restrict or deny access in response to a particular request.
RVTD12.4 Where the Licensee denies a request for special network access, the Licensee shall give the organisation making the request a prompt and fully reasoned explanation of why the request has been refused.
RVTD12.5 Subject to intervention by the Director pursuant to Regulations 26(3) and 26(4), technical and commercial arrangements for special network access shall be a matter for agreement between the parties involved. Where the agreement provides for reimbursement to the Licensee of the costs incurred among other things in providing the network access requested, those charges shall fully respect the principles of cost orientation set out in Schedule IV to the Regulations.
RVTD12.6 Where the Director makes a direction pursuant to Regulation 26(3) or Regulation 26(4) or both, the Licensee shall comply with the provisions of any such direction including securing incorporation of any conditions specified by the Director in any agreement entered into by the Licensee to which such direction applies.
RVTD12.7 The Licensee shall make available to the Director, at his request, details of the agreements on special network access to which it is a party.
RVTD12.8 The Licensee shall adhere to the principle of non-discrimination when it makes use of Fixed Public Telephone System and, in particular, uses any form of special network access, for providing publicly available telecommunications services, and shall apply similar conditions in similar circumstances to organisations providing similar services and shall provide special network access facilities and information to others under the same conditions and of the same quality as it provides for its own service or those of its subsidiaries or partners.
RVTD13.1 This Condition applies where the Licensee provides voice telephony services and is an Operator having Significant Market Power.
RVTD13.2 The Licensee’s tariffs for use of its fixed public telephone services shall follow the basic principles of cost orientation set out in Schedule IV to the Regulations.
RVTD13.3 Subject to paragraph 2 of Part II of Schedule 3 to the Interconnection Regulations, the Licensee shall ensure that tariffs for the use of its Fixed Public Telephone Service shall be independent of the type of application which its subscribers use, except to the extent that such subscribers require different services or facilities.
RVTD13.4 The Licensee shall ensure that tariffs for facilities additional to the 7provision of connection to the Licensee’s Fixed Public Telephone System and provision of Fixed Publicly Available Telephone Services by it shall be sufficiently unbundled so that each of the Licensee’s subscribers is not required to pay for facilities which are not necessary for the services requested from the Licensee.
RVTD13.5 The Licensee shall only implement changes to its tariffs 28 days after publication of such changes in accordance with paragraph RVTD6.2, except where the Director has consented in writing to a shorter notice period.
RVTD13.6 The Licensee shall operate a cost accounting system suitable for the implementation of this Condition and shall ensure that compliance with such a system is verified by a competent body which is independent of the Licensee. The Licensee shall publish annually a statement concerning compliance.
RVTD13.7 The Licensee shall make available to the Director at his request a description of the cost accounting system referred to in paragraph RVTD13.6 showing the main categories under which costs are compiled and the rules used for the allocation of costs to voice telephony services.
RVTD13.8 The Licensee shall ensure that discount schemes offered by the Licensee to its subscribers, including consumers, are fully transparent and shall be published in accordance with RVTD6.2 and applied in accordance with the principle of non-discrimination. The Licensee shall modify or withdraw such scheme as the Director may direct in accordance with Regulation 31(2).
RVTD14.1 Where the Licensee runs a Fixed Public Telephone System it shall make available to the Director at his request, in confidence, detailed accounting information in order to ensure compliance with the provisions of the Revised Voice Telephony Directive.
RVTD15.1 Where fixed publicly available voice telephony services are supplied by the Licensee to its subscribers over the ISDN networks at the S/T reference point, the Licensee shall:
(a)only introduce new ISDN network termination points which comply with the relevant physical interface specifications, in particular those for the socket, referenced in the ONP List of Standards referred to in Article 5 of the ONP Framework Directive; and
(b)at the request of a subscriber which has an ISDN network termination point which does not comply with the relevant physical interface specifications referred to in paragraph RVTD15.1(a), replace that subscriber’s ISDN network termination point with a new one which does comply with such specifications.
RVTD15.2 The Licensee may make the replacement termination point referred to in paragraph RVTD15.1(b) available for a reasonable fee.
RVTD16.1 Where a Licensee’s subscriber has not paid the Licensee all or part of a bill for use of the Fixed Public Telephone System provided by the Licensee, any measures taken by the Licensee shall:
(a)be proportionate and non-discriminatory;
(b)be published by the Licensee in accordance with Condition RVTD6.2;
(c)give due warning in advance of any consequent service interruption or disconnection to the subscriber; and
(d)except in cases of fraud, persistent late payment or non-payment, ensure, as far as is technically possible, that any service interruption is confined to the service concerned.
RVTD17.1 Where the Licensee runs a Fixed Public Telephone System and is involved in an unresolved dispute with any party, including, for example, users, service providers, consumers or other organisations, the Licensee shall follow the procedures set up by the Director pursuant to Regulation 37 in order to resolve such dispute in a fair, transparent and timely manner and shall take such steps as are required by the Director or other independent body or both to do so.”
RVTD2.19 The Licensee shall in accordance with paragraphs RVTD2.22, 2.23 and 2.24 below, on request by any public telecommunications operator subject to the obligations in paragraphs RVTD2.7 and RVTD2.10 above, make available to that operator for the purpose of enabling such operator to comply with its obligations:
(a)such directories, as the Licensee compiles, in a form approved by the Director, which comply with the requirements of paragraph RVTD2.4 above;
(b)the contents of the database, in machine readable form, which the Licensee uses to compile directories for the purpose of complying with its obligation under paragraph RVTD2.7, and
(c)on-line access (including a search facility) to the database which the Licensee uses to provide a Directory Information Service for the purpose of complying with its obligation under paragraph RVTD2.10 above.
RVTD2.20 If, following a written representation by the Licensee that the market for provision of any of the items in sub-paragraphs (a) to (c) above is competitive, the Director determines that such market is competitive in any specified area of the United Kingdom, the obligation upon the Licensee in paragraph RVTD2.19 above will cease to apply with respect to the provision of such item in respect of that specified area.
RVTD2.21 The Licensee shall supply the items in paragraphs (a) to (c) of paragraph RVTD 2.19 above at the reasonable request of the person requesting such items. Without prejudice to the generality of the foregoing, the Licensee may refuse to supply such items if the person requesting such items does not undertake to Process the data or information contained in them in accordance with any relevant Code of Practice, or the Licensee has reasonable grounds to believe that the person requesting such items will not comply with Relevant Data Protection Legislation.
RVTD2.22 The Licensee shall supply the items in paragraphs (b) and (c) in paragraph RVTD2.19 having due regard, in such manner as is appropriate, to any subscriber who has expressed opposition to inclusion of Directory Information about that subscriber in a directory or as part of Directory Information Service provided to end-users.
RVTD2.23 Where the Licensee is requested to supply the items in paragraphs (a) to (c) of paragraph RVTD2.19 above, the Licensee shall do so on terms which are fair, cost oriented and non-discriminatory, and in a format which is agreed between the Licensee and the person requesting the information, or approved by the Director, where no such agreement is reached.
RVTD2.19 The Licensee shall, on request by any public telecommunications operator subject to the obligations in paragraph RVTD2.7 above, make available, to such operator, for the purpose of enabling such operator to comply with such obligations, such directories which the Licensee compiles, in a form approved by the Director.
RVTD2.20 If, following a written representation by the Licensee that the market for provision of such directories described in paragraph RVTD2.19 is competitive, the Director determines that such market is competitive in any specified area of the United Kingdom, the obligation upon the Licensee in paragraph RVTD2.19 above will cease to apply with respect to the provision of directories in respect of that specified area.
RVTD2.21 The Licensee shall supply any directories under paragraph RVTD2.19 above at the reasonable request of the person requesting such directories. Without prejudice to the generality of the foregoing, the Licensee may refuse to supply such directories if the person requesting them does not undertake to Process the data or information contained in them in accordance with any relevant Code of Practice, or the Licensee has reasonable grounds to believe that the person requesting the directories will not comply with Relevant Data Protection Legislation.
RVTD2.22 Where the Licensee is requested to supply any directories in accordance with paragraph RVTD2.19 above, the Licensee shall do so on terms which are fair, cost oriented and non-discriminatory, and in a format which is agreed between the Licensee and the person requesting the information, or approved by the Director, where no such agreement is reached.