The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999

Regulation 2

SCHEDULE 3 U.K. AUTHORISATION TO CONNECT OTHER TELECOMMUNICATION SYSTEMS AND APPARATUS TO THE APPLICABLE SYSTEMS AND TO PROVIDE TELECOMMUNICATION SERVICES BY MEANS OF THE APPLICABLE SYSTEMS

1.  Nothing in this Licence removes any need to obtain any other licence that may be required under any other enactment. U.K.

Connection Authorisation U.K.

2.  Subject to paragraph 1, this Licence authorises the connection to the Applicable Systems of:

(a) any telecommunication system run under a Licence;

(b) any telecommunication system outside the United Kingdom except a telecommunication system which the Secretary of State has notified the Licensee should not, or as the case may be should cease to, be connected to the Applicable Systems;

(c) any earth orbiting apparatus, provided that:

(i) the relevant requirements, if any, for consultation and compliance with specified operating parameters under the INTELSAT Agreement, Inmarsat Convention and EUTELSAT Convention have been and continue to be satisfied;

(ii) the relevant rules and standards, if any, issued under the INTELSAT Operating Agreement, Inmarsat Operating Agreement and EUTELSAT Operating Agreement have been and continue to be satisfied; and

(iii) it is not earth orbiting apparatus to which the Secretary of State has notified the Licensee that the Licensee should not, or as the case may be should cease to, connect the Applicable Systems;

(d) any telecommunication system run by the Crown;

(e) telecommunication apparatus of every description which is comprised in a telecommunication system mentioned in paragraphs 2(a) to 2(d);

(f) any telecommunication apparatus not comprised in the Applicable Systems which is for the time being Compliant Terminal Equipment or approved for connection to the Applicable Systems in accordance with section 22 of the Act; and

(g) any hearing aid.

Service Authorisation U.K.

3.  Subject to paragraph 1 and as specified below, this Licence authorises the provision by means of the Applicable Systems of any telecommunication services except:

(a) any service which consists in the conveyance by means of the Applicable Systems of Messages comprising any one or more of the services specified in paragraphs (a) to (cc) of section 72(2) of the Broadcasting Act 1990 for simultaneous reception in two or more Dwelling-Houses where either:

(i) the only Applicable Systems by means of which such service is conveyed are situated in a Single Building, a single Dwelling-House or in an Adjacent pair of Dwelling-Houses; or

(ii) the Applicable Systems by means of which the Messages comprising the service are conveyed and the particular telecommunication service fall within the descriptions of both the systems the running of which is authorised, and the services authorised to be provided by means of those systems, by

(A) the Licence granted on 31 December 1990 entitled “Class Licence to run Community Television Relay Systems”; or

(B) the Licence granted on 18 October 1997 entitled “Class Licence to Run Broadcast Relay Systems Carrying Terrestrial Channels Only”; or

(C) the Licence granted on 10 June 1991 entitled “Class Licence to Run Broadcast Relay Systems Covering No More Than One Thousand Homes For The Provision Of All Types Of Broadcast Service”;

(b) Conditional Access Services

(i) provided or intended to be provided to another person; or

(ii) provided for the Licensee's own use if it provides any Conditional Access Services to another person by means of telecommunication systems run under another licence but which could also come within the description of the Applicable Systems authorised to be run by this Licence;

(c) Access Control Services

(i) provided or intended to be provided to another person; or

(ii) provided for the Licensee's own use; and

(d) any Mobile Radio Tails Service.

Definitions and interpretation U.K.

4.  In this Schedule unless the context otherwise requires:

“Access Control Services” means those telecommunication services which are:

(i)

telecommunication services other than:

(1)

Conditional Access Services; or

(2)

Network Services,

provided to a person providing telecommunication services under a Licence, by means of which the supply to end-users of a Relevant Other Telecommunication Service of any description may be controlled;

and

(ii)

described in paragraph 4 of Schedule 3 to the Licence entitled “Class Licence for the Running of Telecommunication Systems for the Provision of Access Control Services” granted by the Secretary of State under section 7 of the Telecommunications Act 1984 on 27th August 1999 or any successor thereto;

“Adjacent” means sharing a common wall;

“Applicable Terminal Equipment” means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992;

“Compliant Terminal Equipment” means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992;

“Conditional Access Services” means telecommunication services (including services which are treated as telecommunication services pursuant to regulation 8(2) of and paragraph 1(b) of Schedule 1 to the Advanced Television Services Regulations 1996 (S.I. 1996/3151)):

(i)

by means of which access to Digital Television Services may be controlled so that only those viewers who are authorised to receive such services do so; and

(ii)

fall within the definition of “Conditional Access Services” given in paragraph 4(b) of the licence entitled “Class Licence for the Running of Telecommunication Systems for the Provision of Conditional Access Services” granted by the Secretary of State under section 7 of the Telecommunications Act 1984 on 7 January 1997 or any successor thereto;

“Digital Television Services” has the same meaning as in Directive 95/47/EC of the European Parliament and the Council of 24 October 1995 on the use of standards for the transmission of television signals;

“Dwelling-House” has the same meaning as in section 202 of the Broadcasting Act 1990;

“Essential Component” means the smart card or other technological component in electronic or tangible form, which is necessary for the reception of authorisation signals and thus to enable consumers to access and use any Relevant Other Telecommunication Service, for insertion or incorporation into or other interoperation with any other telecommunication apparatus run by a consumer;

“EUTELSAT Convention” means the Convention establishing the European Telecommunications Satellite Organisation EUTELSAT including its Preamble and its Annexes, opened for signature by governments at Paris, France on 15 July 1982, and any subsequent amendments made to it;

“EUTELSAT Operating Agreement” means the Operating Agreement relating to the European Telecommunication Satellite Organisation EUTELSAT, including its Preamble and Annexes, opened for signature at Paris, France on 15 July 1982, and any subsequent amendments made to it;

“Inmarsat Convention” means the Convention establishing the International Mobile Satellite Organisation (formerly known as the International Maritime Satellite Organisation) Inmarsat including its Preamble and its Annexes, opened for signature by governments at London, England on 3 September 1976, and any subsequent amendments made to it;

“Inmarsat Operating Agreement” means the Agreement, including its Annex, opened for signature at London, England on 3 September 1976 by entities designated by governments party to the Inmarsat Convention, and any subsequent amendments made to it;

“INTELSAT Agreement” means the Agreement including its Annexes but excluding all titles of Articles, opened for signature by governments at Washington DC, USA, on 20 August 1971 by which the International Telecommunications Satellite Organisation INTELSAT was established, and any subsequent amendments made to it;

“INTELSAT Operating Agreement” means the Agreement, including its Annex but excluding all titles of Articles, opened for signature at Washington DC, USA, on 20 August 1971, by governments or telecommunications entities designated by governments in accordance with the provisions of the INTELSAT Agreement, and any subsequent amendments made to it;

“Interconnection” means the physical and logical linking of telecommunication systems used by the same or a different organisation in order to allow the users of one organisation to communicate with the users of the same or another organisation or to access services provided by another organisation irrespective of whether services are provided by the parties involved or other parties who have access to the systems;

“Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;

“Mobile Radio Tails Service” means a telecommunication service consisting in the conveyance of Messages through the agency of Wireless Telegraphy to or from the Applicable Systems directly from or to any apparatus designed or adapted to be capable of being used while in motion;

“Network Service” means any of the following:

(i)

a service consisting only of functions which enable end-users to send, receive, or both, Messages to or from one or more end-users, including functions which enable the establishment of a prior connection between such end-users;

(ii)

a service which consists only of functions which could not practically be provided to any end-user in identical form by anyone other than the Licensee, because those functions are dependent upon the functions referred to in sub-paragraph (i) above; or

(iii)

any service which has been agreed by the Licensee and the Director;

“Relevant Other Telecommunication Services” mean telecommunication services, whether supplied by the Licensee or any other party, but not including:

(i)

any of the services specified in section 72(2)(a) to (e), excluding paragraph (cc), of the Broadcasting Act 1990, or

(ii)

Network Services;

“Single Building” means a single building access to all regularly inhabited parts of which can be gained from one entrance; and

“Wireless Telegraphy” has the same meaning as in the Wireless Telegraphy Act 1949.

5.  Expressions cognate with those referred to in this Schedule shall be construed accordingly. U.K.