The Telecommunications (Interconnection) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 97/33/EC of the European Parliament and of the Council on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) (“The Interconnection Directive”).

The Regulations implement the Directive by providing that licences granted under section 7 of the Telecommunications Act 1984 (c. 12) shall include an obligation on Public Operators in Schedule 2 to the Regulations to negotiate interconnection when requested to do so by other Public Operators in Schedule 2 or by organisations authorised in other Member States of the European Community to provide public telecommunications networks and publicly available telecommunications services and which have been notified to the European Commission as organisations covered by Annex II to the Directive. The Regulations provide for further obligations in relation to interconnection to be placed on organisations which are determined by the Director General of the Office of Telecommunications (the Director) as having Significant Market Power. The Regulations also set out the duties of the Secretary of State and the Director to encourage and secure adequate interconnection.

The Regulations apply the Directive to licences granted to Public Operators under section 7 of the Act. These licences are modified (regulation 13) by the deletion from the condition in Part II of Schedule 1 under the heading “Requirement to Provide Connection Services” of the paragraphs referring to the terms and conditions that might be included in an agreement to provide connection services in accordance with that condition, together with any power of the Director under that condition to make any determination, or to impose any other requirement, in respect of the terms and conditions, and by the insertion of Licence Conditions transposing provisions of the Interconnection Directive. These conditions are referred to as the “Interconnection Conditions” and are set out in Schedule 6 to the Regulations.

A compliance cost 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.