SCHEDULE 3SCHEDULE 1: CONDITIONS INCLUDED UNDER SECTION 7 OF THE ACT
PART 2:GENERAL CONDITIONS
Condition 8
PAYMENT OF FEES
8.1
Subject to paragraph 8.2 below, the Licensee shall pay the following amounts to the Secretary of State at the times stated:
a
on the grant of this Licence the sum of £6,000;
b
on 1 April 2000 and annually thereafter a renewal fee of (at the option of the Director) either £3,000 (the subsequent renewal fees being adjusted to take account of any fall or increase in the value of money since that date) or such amount which shall represent a fair proportion, to be determined each year by the Director according to a method that has been disclosed to the Licensee in a written statement, of the estimated costs to be incurred in that fiscal year by the Director in the regulation and enforcement of telecommunication licences and in the exercise of his other relevant functions under the Act. The first renewal fee shall be increased by the proportion which the period from the date of granting of this Licence until the next following 1 April bears to the period of one year; and
c
when the Director so determines, on 1 January 2001 and annually thereafter, a special fee which shall represent a fair proportion, to be determined by the Director according to a method that has been disclosed to the Licensee in a written statement of the amount, if any, by which the aggregate of:
i
the costs estimated to have been already incurred in that fiscal year by the Director in the regulation and enforcement of telecommunication licences and in the exercise of his other relevant functions under the Act;
ii
the costs estimated to have been already incurred in that fiscal year by the Competition Commission following licence modification references under section 13 of the Act; and
iii
the estimated costs to be incurred in the remainder of that fiscal year:
A
by the Director in the regulation and enforcement of telecommunication licences and in the exercise of his relevant other functions under the Act; and
B
by the Competition Commission following licence modification references under section 13 of the Act,
exceeds the renewal fee for that year.
8.2
The aggregate of the renewal fee and the special fee for any fiscal year shall not exceed:
a
0.08% of the relevant annual turnover attributable to the licensable activities of the Licensee in the United Kingdom (as described in a written statement given to the Licensee by the Director) in the financial year before the last complete financial year of the Licensee before the renewable fee is payable (the “relevant turnover”); or
b
£3,000 (adjusted in the manner described in paragraph 8.1(b)),
whichever is the greater (the “normal aggregate fee”), unless the Director determines that the costs incurred in any fiscal year by him and the Competition Commission in respect of the Licensee’s activities exceed the normal aggregate fee, by virtue of the costs of licence modification references under section 13 of the Act, in which case the aggregate of the renewal fee and the special fee for the following year shall be such amount (not exceeding 0.4% of the relevant turnover) as the Director determines is sufficient to take account of that excess as well as the normal aggregate fee.