Part I Introductory

4 Meaning of “telecommunication system" and related expressions.

(1)

In this Act “telecommunication system” means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy, of—

(a)

speech, music and other sounds;

(b)

visual images;

(c)

signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or visual images; or

(d)

signals serving for the actuation or control of machinery or apparatus.

(2)

For the purposes of this Act telecommunication apparatus which is situated in the United Kingdom and—

(a)

is connected to and comprised in a telecommunication system; or

(b)

is connected to but not comprised in a telecommunication system which extends beyond the United Kingdom,

shall be regarded as a telecommunication system and any person who controls the apparatus shall be regarded as running the system.

(3)

In this Act—

“commercial activities connected with telecommunications” means any of the following, that is to say, the provision of telecommunication services, the supply or export of telecommunication apparatus and the production or acquisition of such apparatus for supply or export;

“telecommunication apparatus” means (except where the extended definition in Schedule 2 to this Act applies) apparatus constructed or adapted for use—

(a)

in transmitting or receiving anything falling within paragraphs (a) to (d) of subsection (1) above which is to be or has been conveyed by means of a telecommunication system; or

(b)

in conveying, for the purposes of such a system, anything falling within those paragraphs;

“telecommunication service” means any of the following, that is to say—

(a)

a service consisting in the conveyance by means of a telecommunication system of anything falling within paragraphs (a) to (d) of subsection (1) above;

(b)

a directory information service, that is to say, a service consisting in the provision by means of a telecommunication system of directory information for the purpose of facilitating the use of a service falling within paragraph (a) above and provided by means of that system; and

(c)

a service consisting in the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to a telecommunication system.

(4)

Subject to subsection (6) below, a telecommunication system is connected to another telecommunication system for the purposes of this Act if it is being used, or is installed or connected for use, in conveying anything falling within paragraphs (a) to (d) of subsection (1) above which is to be or has been conveyed by means of that other system.

(5)

Subject to subsection (6) below, apparatus is connected to a telecommunication system for the purposes of this Act if it is being used, or is installed or connected for use—

(a)

in transmitting or receiving anything falling within paragraphs (a) to (d) of subsection (1) above which is to be or has been conveyed by means of that system; or

(b)

in conveying, for the purposes of that system, anything falling within those paragraphs;

and references in this subsection to anything falling within those paragraphs shall include references to energy of any kind mentioned in that subsection.

(6)

The connection to a telecommunication system of any other telecommunication system or any apparatus shall not be regarded as a connection for the purposes of this Act if that other telecommunication system or that apparatus would not be so connected but for its connection to another telecommunication system.

(7)

In this section, except subsection (1) above, “convey” includes transmit, switch and receive and cognate expressions shall be construed accordingly.