Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Telecommunications (Interconnection) Regulations 1997 and the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 in respect of the number portability conditions contained in the licences granted under section 7 of the Telecommunications Act 1984 for the running of public telecommunications systems and also impose the number portability obligations in these Regulations on systemless service providers.
These Regulations implement the number portability provisions of Directive 98/61/EC of the European Parliament and the Council with regard to operator number portability and carrier pre-selection (O.J. No. L268 3.10.98 p.37) amending Directive 97/61/EC of the European Parliament and the Council with regard to operator number portability and carrier pre-selection (O.J. No. L199 26.07.97 p.32).
Part I of the Regulations contains general provisions. In particular, regulation 2 relates to the interpretation of the Regulations and defines “the principal Regulations" as being the Telecommunications (Interconnection) Regulations 1997 and the “Standard Schedules Regulations" as being the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999.
Part II relates to amendments to the principal Regulations. Regulation 6 modifies the principal Regulations by placing an obligation on the Secretary of State and the Director General to ensure, in exercising their functions under the Telecommunications Act 1984 (particularly concerning licensing), that the provisions of the Directive concerning number portability are complied with. Regulation 8 ensures that Systemless Service Providers, that is those telephone operators that do not operate under a Telecommunications Act licence, comply with the number portability requirements contained in the Directive. Regulation 9 modifies all licences containing the current fixed number portability condition by substituting a new licence condition in Schedule 1 to these Regulations, which is inserted in the Standard Schedules Regulations in the appropriate place, and by amending those licences which do not incorporate the Standard Schedules. Regulation 10 relates to enforcement of Regulation 8 through civil proceedings by the Director General of Telecommunications. Regulation 11 take in certain licences account of extension of the Interconnection Directive to the European Economic Area.
A regulatory impact assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS. Copies have been placed in the libraries of both Houses of Parliament.