The Telecommunications (Licence Modification) (Regional Public Access Mobile Radio Operator Licences) Regulations 2000

Regulation 3(h)

SCHEDULE 5

SCHEDULE 3 AUTHORISATION TO CONNECT OTHER TELECOMMUNICATIONS SYSTEMS AND APPARATUS TO THE APPLICABLE SYSTEMS AND TO PROVIDE TELECOMMUNICATION SERVICES BY MEANS OF THE APPLICABLE SYSTEMS

1.   Nothing in this Licence removes any need to obtain any other licence that may be required under any other enactment.

Connection authorisation

2.   Subject to paragraph 1, this Licence authorises the connection to the Applicable Systems of:

(a) any telecommunication system run under a Licence;

(b) any telecommunication system run by the Crown;

(c) telecommunication apparatus of every description comprised in a telecommunication system mentioned in paragraphs 2(a) and 2(b);

(d) any telecommunication apparatus not comprised in the Applicable Systems which is for the time being Compliant Terminal Equipment or approved for connection to the Applicable Systems in accordance with section 22 of the Act; and

(e) any hearing aid.

Service authorisation

3.   Subject to paragraph 1, and as specified below, this Licence authorises the provision by means of the Applicable Systems of any telecommunication services except:

(a) any service which consists in the conveyance by means of the Applicable Systems of Messages comprising any one or more of the services specified in paragraphs (a) to (cc) of section 72(2) of the Broadcasting Act 1990 for simultaneous reception in two or more Dwelling-Houses where either:

(i) the only Applicable Systems by means of which such service is conveyed are situated within a Single Building, a single Dwelling House or in an Adjacent pair of Dwelling-Houses; or

(ii) the Applicable Systems by means of which the Messages comprising the service are conveyed and the particular telecommunication service fall within the descriptions of both the systems the running of which is authorised, and the services authorised to be provided by means of those systems, by:

(A) the licence granted on 31st December 1990 entitled “Class Licence to Run Community Television Relay Systems”; or

(B) the licence granted on 18th October 1997 entitled “Class Licence to Run Broadcast Relay Systems Carrying Terrestrial Channels Only”; or

(C) the licence granted on 10th June 1991 entitled “Class Licence to Run Broadcast Relay Systems Covering No More Than One Thousand Homes For The Provision Of All Types Of Broadcast Service”;

(b) Conditional Access Services:

(i) provided or intended to be provided to another person; or

(ii) provided for the Licensee’s own use if it provides any Conditional Access Services to another person by means of telecommunication systems run under another licence but which could also come within the description of the Applicable Systems authorised to be run by this Licence;

(c) services consisting in the conveyance of messages by means of an International Simple Resale Bearer Circuit; and

(d) Access Control Services:

(i) provided or intended to be provided to another person; or

(ii) provided for the Licensee’s own use.

Definitions and Interpretation

4.   In this Schedule unless the context otherwise requires:

• “Access Control Services” means those telecommunication services which are:

  (i)

  telecommunication services other than:

  (A)

  Conditional Access Services; or

  (B)

  Network Services,

  provided to a person providing telecommunication services under a Licence, by means of which the supply to end-users of a Relevant Other Telecommunication Service of any description may be controlled; and

  (ii)

  described in paragraph 4 of Schedule 3 to the Licence entitled “Class Licence for the Running of Telecommunication Systems for the Provision of Access Control Services” granted by the Secretary of State under section 7 of the Telecommunication Act 1984 on 27th August 1999 or any successor thereto;

• “Adjacent” means sharing a common wall;

• “Applicable Terminal Equipment” means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Terminal Equipment Regulations or regulation 2(1)(c) of the RTTE Regulations;

• “Compliant Terminal Equipment” means Applicable Terminal Equipment which at the time of being placed on the market within the European Community (“the applicable time”) satisfied the requirements of regulation 8 of the Terminal Equipment Regulations or met the appropriate essential requirements of regulation 4 of the RTTE Regulations and either—

  (i)

  has not subsequently been modified so as to cease to satisfy or (as the case may be) meet those requirements as they were at the applicable time, or

  (ii)

  has subsequently been so modified but in such a way that it satisfied or (as the case may be) met those requirements as they were at the time of modification;

• “Conditional Access Services” means telecommunication services (including services which are treated as telecommunication services pursuant to regulation 8(2) of and paragraph 1(b) of Schedule 1 to the Advanced Television Services Regulations 1996 (S.I. 1996/3151)):

  (i)

  by means of which access to Digital Television Services may be controlled so that only those viewers who are authorised to receive such services do so; and

  (ii)

  fall within the definition of “Conditional Access Services” given in paragraph 4(b) of the licence entitled “Class Licence for the Running of Telecommunication Systems for the Provision of Conditional Access Services” granted by the Secretary of State under Section 7 of the Telecommunications Act 1984 on 7 January 1997 or any successor thereto;

• “Digital Television Services” has the same meaning as in Directive 95/47/EC of the European Parliament and the Council of 24 October 1995 on the use of standards for the transmission of television signals;

• “Dwelling House” has the same meaning as in section 202 of the Broadcasting Act 1990;

• “International Simple Resale Bearer Circuit” means a communication facility which is:

  (i)

  comprised both in a public telecommunication system and in an equivalent telecommunication system in a country or territory other than the United Kingdom;

  (ii)

  for the conveyance of Messages between:

  (A)

  in the case of outbound Messages, the last point of connection within the United Kingdom at which the route of the Messages is selected and the first point of connection in any country or territory other than the United Kingdom;

  (B)

  in the case of inbound Messages, the last point of connection in any country or territory other than the United Kingdom and the first point of connection in the United Kingdom at which the route of the Messages is selected;

  (iii)

  made available to a particular Service Provider;

  (iv)

  such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (ii) above are received at every other such point;

  (v)

  such that all the points mentioned in sub-paragraph (ii) above are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems; and

  (vi)

  such that all the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility; but

  (vii)

  excluding from the extent of the facility any Private Leased Circuit installed between the particular Service Provider and any other person in the United Kingdom;

• “Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;

• “Network Service” means any of the following:

  (i)

  a service consisting only of functions which enable end-users to send, receive, or both, Messages to or from one or more end-users, including functions which enable the establishment of a prior connection between such end-users;

  (ii)

  a service which consists only of functions which could not practically be provided to any end-user in identical form by anyone other than the Licensee, because those functions are dependent upon the functions referred to in sub-paragraph (i) above;

  (iii)

  any service which has been agreed by the Licensee and the Director;

• “Private Leased Circuit” means a communication facility which is:

  (i)

  provided by means of one or more public telecommunication systems;

  (ii)

  for the conveyance of Messages between points, all of which are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems;

  (iii)

  made available to a particular person or particular persons;

  (iv)

  such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (i) above are received at every other such point; and

  (v)

  such that the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility;

• “RTTE Regulations” means the Radio Equipment and Telecommunication Terminal Equipment Regulations 2000;

• “Relevant Other Telecommunication Services” means telecommunication services, whether supplied by the Licensee or any other party, but not including:

  (i)

  any of the services specified in section 72(2)(a) to (f) of the Broadcasting Act 1990 other than licensable programme services specified in section 46(1) of that Act which are conveyed for reception at different times in response to requests made by different users of the service;

  (ii)

  Digital Television Services; or

  (iii)

  Network Services;

• “Service Provider” means any person who is the business of providing telecommunication services of any description;

• “Single Building” means a single building access to all regularly inhabited part of which can be gained from one entrance; and

• “Terminal Equipment Regulations” means the Telecommunications Terminal Equipment Regulations 1992 (S.I.1992/2423).

5.   Expressions cognate with those contained in this Schedule shall be construed accordingly.