The Telecommunications (Interconnection) (Carrier Pre-selection) Regulations 1999

PART I U.K. PRELIMINARY

Citation and Commencement U.K.

1.  These Regulations may be cited as the Telecommunications (Interconnection) (Carrier Pre-selection) Regulations 1999 and shall come into force as follows:

(a) except as provided in sub-paragraph (b), on 1st January 2000;

(b) in respect of the BT Licence, on 1st April 2000.

Interpretation U.K.

2.—(1) In these Regulations—

• “the Act" means the Telecommunications Act 1984 M1 ;

• “the Amending Interconnection Directive" means Directive 98/61/EC of the European Parliament and of the Council amending the Interconnection Directive with regard to operator number portability and carrier pre-selection M2 ;

• “the BT Licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to British Telecommunications plc on 22 June 1984 to run the telecommunication systems referred to in Annex A thereof, in relation to which that company became the licensee as the nominated successor company on the transfer date M3 ;

• “the Interconnection Directive" means Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision M4 ;

• “Integrated Services Digital Network" (ISDN) means a network evolved from the telephony integrated digital network that provides for end-to-end digital connectivity to support a wide range of services, including voice and non-voice services, to which users have access by standard multipurpose customer interfaces;

• “the principal Regulations" means the Telecommunications (Interconnection) Regulations 1997 M5 ;

• “the Standard Schedules Regulations" means the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 M6 .

(2) Any expression used in these Regulations which is also used in the Amending Interconnection Directive has the same meaning in these Regulations as it has in that Directive.

(3) Any other expression used in these Regulations which appears in Schedule 1 to the Standard Schedule Regulations has the same meaning in these Regulations as it has in that Schedule.

(4) Except where the context otherwise requires and subject to paragraphs (1) to (3), any expression used in these Regulations which is also used in the Act has the same meaning in these Regulations as it has in the Act.

Marginal Citations

M1 1984 c. 12.

M2 OJL No. 268 03.10.98, p. 37.

M3 The transfer date appointed under section 60 of 1984 c. 12 was 6th August (S.I. 1984/876, article 5).

M4 OJL No. 199 26.07.97, p. 32.

M5 S.I. 1997/2931.

M6 S.I. 1999/2450.

PART II U.K. AMENDMENTS TO THE PRINCIPAL REGULATIONS

Carrier Pre-selection U.K.

3.  At the end of regulation 11(1) of the principal Regulations there shall be added the following subparagraphs:

“(e) ensure that at least operators having significant market power running the telecommunication systems described in Part 1 of Schedule 1 enable their subscribers, including those using ISDN, to access the switched services of any interconnected provider of publicly available telecommunications services. The Secretary of State and the Director shall ensure that facilities are in place to enable subscribers to choose these services by means of pre-selection with a facility to override any pre-selected choice on a call by call basis by dialling a short prefix;

(f) ensure that tariffs for interconnection which are related to the provision of the facility in accordance with paragraph (e) above are cost oriented and that any direct charges to consumers do not act as a disincentive for the use of the facility.”

Modification of licences to include the Carrier Pre-selection condition U.K.

4.—(1) The definitions set out in Part I of the Schedule hereto shall be inserted in the appropriate places in alphabetical order and shall where appropriate replace the existing definitions in paragraph 1 of Part I of Schedule 1 to the Standard Schedules Regulations.

(2) The conditions set out in Part II of the Schedule hereto shall be inserted within Part C of Part I of Schedule 1 to the Standard Schedules Regulations, after Condition 50 therein; and “and 50" shall be replaced by “50 and 50A" in the opening words of the said Part C.

Patricia Hewitt

Minister of State for Small Business and E-Commerce,

Department of Trade and Industry

23rd December 1999