there are provided by means of the system any telecommunication services which are not authorised by the licence to be so provided.

on summary conviction, to a fine not exceeding the statutory maximum;

on conviction on indictment, to a fine.

the running of a telecommunication system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more;

a transmission, by wireless telegraphy, from a transmitting station for general reception of sounds, visual images or such signals as are mentioned in paragraph (c) of section 4(1) above; or

a conveyance within a single set of premises of sounds, visual images or such signals which are to be or have been so transmitted.

that no person except the person carrying on the business is concerned in the control of the apparatus comprised in the system;

that nothing falling within paragraphs (a) to (d) of section 4(1) above is conveyed by the system by way of rendering a service to another;

that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on the business or any employees of his engaged in the conduct thereof;

that in so far as such signals are mentioned in paragraph (c) of section 4(1) above are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on the business, any employees of his engaged in the conduct thereof or things used in the course of the business and controlled by him; and

that, in so far as such signals as are mentioned in paragraph (d) of section 4(1) above are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of the business.

by the Secretary of State after consultation with the Director; or

with the consent of, or in accordance with a general authorisation given by, the Secretary of State, by the Director,

the provision by means of any telecommunication system to which the licence relates of any telecommunication services specified in the licence or of a description so specified.

such conditions (whether relating to the running of a telecommunication system to which the licence relates or otherwise) as appear to the Secretary of State or the Director to be requisite or expedient having regard to the duties imposed on him by section 3 above F15the provisions of Articles 4(1), 8(1) and 8(2) of the Licensing Directive and the obligations imposed on him in pursuance of the Telecommunications (Interconnection) Regulations 1997F16or by regulation 30 of the Telecommunications (Data Protection and Privacy) Regulations 1999;

conditions requiring the rendering to the Secretary of State of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; and

in the case of a licence granted to persons of a class, conditions requiring any person who falls within the class of persons to which the licence relates to notify the Secretary of State or the Director of his intention to run a telecommunication system under that licence.

to comply with any direction given by the Director as to such matters as are specified in the licence or are of a description so specified;

except in so far as the Director consents to his doing or not doing them, not to do or to do such things as are specified in the licence or are of a description so specified; and

to refer for determination by the Director such questions arising under the licence as are specified in the licence or are of a description so specified.

grant a temporary licence containing such conditions as he considers appropriate to enable the applicant to commence running that system; or

reject the application.

any person proposes to provide or is providing, by means of the system, a F22local delivery service (within the meaning of Part II of the Broadcasting Act 1990); and

notice of that fact has been given to the Secretary of State or the Director.

to revoke a licence granted to persons of a class; or

to refuse to grant a licence to, or to revoke a licence, granted to a particular person, including a temporary licence granted under subsection (6A) above,

in the case of a licence referred to in subsection (12)(a) above, publish in such manner as he thinks appropriate a notice stating the reasons why he proposes to revoke the licence and specifying the time (not being less than 28 days from the date of publication) within which representations or objections with respect to the revocation may be made;

in the case of a licence referred to in subsection (12)(b) above, give to the person applying for or holding the licence a notice stating the reasons why he proposes to refuse to grant, or to revoke, the licence and specifying the time (not being less than 28 days from the date of the notice) within which representations or objections with respect to the refusal or revocation may be made.

in the case of a licence referred to in subsection (12)(a) above, publish in such manner as he thinks appropriate;

in the case of a licence referred to in subsection (12)(b) above, give to the person applying for or holding the licence,

state whether the proposal has been confirmed or withdrawn;

give reasons for that decision;

in the case of a decision to revoke the licence, specify the date on which the licence ceases to have effect.

time limits for dealing with applications for the grant of a licence;

requirements which must be met for the grant of a licence;

information about the conditions to be included in a licence;

details of the fees or the method of calculating the fees payable in respect of a licence.

to provide such telecommunication services as are specified in the licence or are of a description so specified;

to connect to any telecommunication system to which the licence relates, or permit the connection to any such system of, such other telecommunication systems and such apparatus as are specified in the licence or are of a description so specified;

to permit the provision by means of any telecommunication system to which the licence relates of such services as are specified in the licence or are of a description so specified;

not to show undue preference to, or to exercise undue discrimination against, particular persons or persons of any class or description (including, in particular, persons in rural areas) as respects any service provided, connection made or permission given in pursuance of such conditions as are mentioned in the foregoing paragraphs (whether in respect of the charges or other terms or conditions applied or otherwise); and

to publish, in such manner and at such times as are specified in the licence, a notice specifying, or specifying the method that is to be adopted for determining, the charges and other terms and conditions that are to be applicable to such services so provided, such connections so made and such permissions so given as are specified in the licence or are of a description so specified.

stating that he proposes to grant the licence and setting out its effect;

stating the reasons why be proposes to grant the licence; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made,

the day on which copies of the order, and of the licence to which section 8 above applies, are laid before each House of Parliament; or

if such copies are so laid on different days, the last of those days.

where it is applied to a particular person by a licence granted by the Secretary of State under section 7 above authorising that person to run a telecommunication system; and

where the Secretary of State or a Northern Ireland department is running or is proposing to run a telecommunication system.

that licence is a licence to which section 8 above applies; or

the telecommunications code expressly or impliedly imposes any limitation on the use to which any telecommunication apparatus installed by a person authorised by a licence under section 7 above may be put, and

that person is a party to a relevant agreement,

to which the parties are two or more persons to whom the telecommunications code has been applied by a licence granted under section 7 above; and

which relates to the sharing by those persons of the use of that apparatus,

that the physical environment is protected and, in particular, that the natural beauty and amenity of the countryside is conserved;

that there is no greater damage to F31streetsF31roads or interference with traffic than is reasonably necessary;

that funds are available for meeting any liabilities which may arise from the exercise of rights conferred by or in accordance with the code;

the exceptions and conditions subject to which the telecommunications code has effect as so applied; and

every direction given in a manner specified in any such condition by a person so specified or of a description so specified,

stating that he proposes to apply the code to that person in relation to that part or locality and setting out the effect of the exceptions and conditions subject to which he proposes that the code should have effect as so applied;

stating the reasons why he proposes to apply the code to that person in relation to that part or locality and why he proposes that the code as so applied should have effect subject to those exceptions and conditions; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed application of the code to that person in relation to that part or locality and with respect to the proposed exceptions and conditions may be made,

stating that the code has been applied to that person in relation to that part or locality and setting out the effect of the exceptions and conditions subject to which the code has effect as so applied; and

stating the reasons why the code has been applied to that person in relation to that part or locality and why the code as so applied has effect subject to those exceptions and conditions.

with the consent of that person; or

if it appears to him requisite or expedient to do so for the purpose mentioned in subsection (4) above,

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the time (not being less than 28 days from the date of publication of this notice) within which representations or objections with respect to the proposed modifications may be made,

stating that the modifications have been made and setting out their effect; and

stating the reasons why the modifications have been made.

impose obligations on a person to whom the telecommunications code has ceased to apply as mentioned in subsection (4) above to remove anything installed in pursuance of any right conferred by or in accordance with the telecommunications code, to restore land to its condition before anything was done in pursuance of any such right or to pay the expenses of any such removal or restoration;

provide for those obligations to be enforceable in such manner (otherwise than by criminal penalties) and by such persons as may be specified in the scheme;

authorise the retention of apparatus on any land pending the grant of a licence under section 7 above authorising the running by any person of a telecommunication system for the purposes of which that apparatus may be used;

provide for the purposes of any provision contained in the scheme by virtue of paragraph (a), (b) or (c) above for such questions arising under the scheme as are specified in the scheme, or are of a description so specified, to be referred to, and determined by, the Director.

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

he has considered every representation made to him about the modification; and

there has not been any objection by a person running a telecommunication system under the authority of the licence to the making of the modification.

he has considered every representation made to him about the modification or any modification in the same or similar terms that he is at the same time proposing to make in the case of other licences; and

the requirements of section 12A below are satisfied in the case of the modification and also in the case of every such modification in the same or similar terms.

it appears to him that the modification should be made, if at all, under section 15 below; or

it appears to him to be requisite or expedient to do so in the interests of national security or relations with the government of a country or territory outside the United Kingdom.

the identities of any or all of the persons who objected to the making of the modification; and

to the extent that confidentiality for representations or objections in relation to the proposal for the modification has not been claimed by the persons making them, such other particulars of the representations or objections as he thinks fit.

was duly made to the Director within a time limit specified in the case of that modification under subsection (2)(c) above or section 12A(5)(d) below; and

has not subsequently been withdrawn;

in a case where the same or a similar modification is being proposed at the same time in relation to different licences granted to different persons, each of the persons who, at the time when notice of the proposals is given, is authorised by one or more of those licences to run a telecommunication system; and

in any other case, the person authorised by the licence in question to run such a system.

it appears to the Director that the relevant licensee or, as the case may be, each of the relevant licensees has been given a reminder, at least seven days before the making of the modification, of the Director’s powers in the absence of objections; and

there has not been an objection by a relevant licensee to the making of the modification.

the modification is one which in the opinion of the Director is deregulatory; and

the notice given under section 12(2) above in the case of the proposal for the modification contained a statement of that opinion and of the Director’s reasons for it.

the modification is in the same or similar terms as modifications that the Director has already proposed but not yet made in the case of other licences;

the licence in question is one issued since the making of the proposal for the modification of the conditions of the other licences;

subsection (2) or (3) above applies in the case of the modifications of the conditions of the other licences;

it appears to the Director that the person holding the licence in question has been given a reasonable opportunity of stating whether he objects to the modification; and

that person has not objected.

must be contained in a notice given by the Director and, in the case of a relevant licensee which is a company with a registered office in the United Kingdom, must have been given to that company by being sent to that office;

must remind the licensee of the contents of the notice which was copied to the licensee under section 12(3) above in the case of the modification in question;

must state that the Director will be able to make the modification if no relevant licensee objects; and

must specify a time (not being less than seven days from the date of the giving of the notice) at the end of which the final opportunity for the making of representations and objections will expire.

the effect of the conditions to be modified is to impose a burden affecting the holder of the licence in which those conditions are included;

the modification would remove or reduce the burden without removing any necessary protection;

the modification is such that no person holding a licence granted under section 7 above to a particular person would be unduly disadvantaged by the modification in competing with the holder of the licence in which those conditions are included.

whether any matters which relate to the provision of telecommunication services or the supply of telecommunication apparatus by a person authorised by a licence under section 7 above to run a telecommunication system and which are specified in the reference operate, or may be expected to operate, against the public interest; and

if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of that licence.

any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and

any modifications of the conditions of the licence by which, in his opinion, those effects could be remedied or prevented.

any information which is in his possession and which relates to matters falling within the scope of the investigation, and which is either requested by the Commission for that purpose or is information which in his opinion it would be appropriate for that purpose to give to the Commission without any such request; and

any other assistance which the Commission may require, and which it is within his power to give, in relation to any such matters,

publish that extension in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

in the case of a licence granted to a particular person, send to that person a copy of what has been published by him under paragraph (a) above.

section 109 (attendance of witnesses and production of documents etc.);

section 110 (enforcement of powers under section 109: general);

section 111 (penalties);

section 112 (penalties: main procedural requirements);

section 113 (payments and interest by instalments);

section 114 (appeals in relation to penalties);

section 115 (recovery of penalties); and

section 116 (statement of policy).

subsection (2) were omitted; and

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “ made ”;

for the words “published (or given)”, in both places where they appear, there were substituted “ made ”; and

the words “by this Part” were omitted.

shall include in the report definite conclusions on the questions comprised in the reference together with such an account of their reasons for those conclusions as in their opinion is expedient for facilitating proper understanding of those questions and of their conclusions;

where they conclude that any of the matters specified in the reference operate, or may be expected to operate, against the public interest, shall specify in the report the effects adverse to the public interest which those matters have or may be expected to have; and

where they conclude that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify in the report modifications by which those effects could be remedied or prevented.

commercial information whose disclosure the Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

information relating to the private affairs of an individual whose disclosure the Commission thinks might significantly harm the individual’s interests.

shall send a copy of the report to the Secretary of State and, in the case of a licence granted to a particular person, to that person; and

subject to any direction given under subsection (6) below, shall publish the report in such manner as he considers appropriate for bringing the report to the attention of persons likely to be affected by it.

includes conclusions to the effect that any of the matters specified in the reference operate, or may be expected to operate, against the public interest;

specifies effects adverse to the public interest which those matters have or may be expected to have;

includes conclusions to the effect that those effects could be remedied or prevented by modifications of the conditions of the licence; and

specifies modifications by which those effects could be remedied or prevented,

stating that he proposes to make the modifications and setting out their effect;

stating the reasons why he proposes to make the modifications; and

specifying the time (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,

that a telecommunications operator is contravening, or has contravened and is likely again to contravene, any of the conditions of his licence; and

that it is requisite that a provisional order be made,

he is satisfied that the telecommunications operator is contravening, or has contravened and is likely again to contravene, any of the conditions of his licence; and

the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition.

that the duties imposed on him by section 3 above preclude the making of a final or provisional order or, as the case may be, the confirmation of the provisional order; F56. . .

that the contraventions or apprehended contraventions are of a trivial nature; F57or

that the most appropriate way of proceeding is under the Competition Act 1998.

shall require the telecommunications operator (according to the circumstances of the case) to do, or not to do, such things as are specified in the order or are of a description so specified;