1. In this Schedule unless the context otherwise requires:
“Applicable Systems” has the meaning given to it in paragraph 5 of this Licence;
“Condition” means a Condition in this Schedule;
“Group” means a Parent Undertaking and its subsidiary undertaking or undertakings within the meaning of section 258 of the Companies Act 1985 as substituted by section 21 of the Companies Act 1989; and “Licensee’s Group” means a Group in respect of which the Licensee is either a Parent Undertaking or a subsidiary undertaking;
“Interested Parties” means those persons (if any), other than the Licensee, with whom, in any particular case, the Director is required or considers it appropriate to consult;
“Licence” shall have the meaning it has in paragraph 4 of this Licence;
“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) to (d) of section 4(1) of the Act;
“Metering System” means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the extent of any telecommunication services provided by means of the Applicable Systems;
“Mobile Radio Telecommunication Service” means any telecommunication service consisting in the conveyance of Messages by means of a telecommunication system where every Message that is conveyed thereby has been, or is to be, conveyed through the agency of Wireless Telegraphy to or from a telecommunication system which is designed or adapted to be capable of being used while in motion;
“Operator” means any person running a telecommunication system for the purpose of providing telecommunication services;
“Parent Undertaking” has the same meaning as in section 258 of the Companies Act 1985, as substituted by section 21 of the Companies Act 1989;
“Point of Connection” means a point at which the Applicable Systems and an Operator’s system are connected;
“Relevant Company” means:
the Licensee; or
a Parent Undertaking in relation to the Licensee;
“Service Provider” means any person who is providing Mobile Radio Telecommunication Services to another by means of a telecommunication system lawfully connected to the Applicable Systems, or who is in the business of securing the provision of such services by such means;
“Shares” has the same meaning as in section 259(2) of the Companies Act 1985, as substituted by section 22 of the Companies Act 1989, and the term “Shareholding” is to be construed accordingly;
“Specified Person” means a person specified for the time being by the Director (and who has consented to be so specified) for the purpose of keeping and making available for inspection by the general public a list such as is referred to in Condition 3;
“United Kingdom” includes any area to which the provisions of the Act apply by virtue of section 107; and
“Wireless Telegraphy” has the same meaning as in the Wireless Telegraphy Act 1949.
2. Expressions cognate with those referred to in this Schedule shall be construed accordingly.
3. Any reference in any Condition in this Schedule, however expressed, to the Director notifying the Licensee about any matter, affording the Licensee an opportunity to make representations, taking representations made by the Licensee into account or explaining, or giving reasons for any matter to the Licensee, shall be without prejudice to any obligation of due process or similar obligation which the Director is or may be under by virtue of any rule or principle of law or otherwise.
4. Subject to paragraph 5 below, if the Director is considering whether a determination, direction or consent under any Condition in this Licence is appropriate, he shall notify the Licensee and any Interested Parties of his proposed decision or the options which he is considering, and his reasons, and give them a reasonable opportunity to make representations. On making or refusing a determination or direction or giving or refusing consent, he shall notify the Licensee and Interested Parties of the determination, direction or consent or refusal, as the case may be, and his reasons.
5. Paragraph 4 does not apply in relation to any determination, direction or consent the procedure for which is otherwise set out in this Licence or in or under any enactment.
6. Where the Director makes a determination for the purposes of Part A of Schedule 1, or decides that such a determination shall no longer apply, the procedure shall be as follows:
(a)the Director shall serve upon the Licensee a notice, with reasons, informing the Licensee that it appears to the Director that the Licensee is or is not an Operator having Market Influence as referred to in Condition 9;
(b)the notice in sub-paragraph (a) above shall be copied to Interested Parties at the same time as being served upon the Licensee;
(c)the Licensee and Interested Parties shall be given a period of not less than 28 days in which to make representations;
(d)the representations made by the Licensee or Interested Parties, or both, shall be published in such manner as the Director considers appropriate to bring such representations to the attention of the Licensee and Interested Parties (having regard to the wish of the Licensee or any Interested Party to keep matters contained in any representation confidential);
(e)the Licensee and Interested Parties shall be given a further period of not less than 28 days in which to make any observations on the representations which have been published;
(f)when the Director has considered the representations and any observations made, he shall prepare a draft decision and statement of reasons for that decision and send it to the Licensee, and any Interested Party who has submitted representations or observations, or both, giving those persons a period of not less than 14 days within which to comment; and
(g)after considering any comments received, the Director shall inform the Licensee of his decision, with reasons, and publish such decision in the same manner he published the representations referred to in paragraph 6(d) above.