1. The New Authorisation Regime & the General Conditions Oftel Forum - 25 July 2002 Lucy Byers

2. Introduction What the new Authorisation Regime will look like - and how it differs from what we do now The proposed General Conditions Format: –what is the general authorisation? –general conditions of entitlement –questions?

3. The General Authorisation (1) Not like a licence! A ‘legal framework’ Authorisation Directive: provision of electronic communications networks and services may only be subject to: –notification requirements –conditions allowable under the Directives BUT provision of networks and services may NOT be subject to any other administrative act or explicit decision (e.g. grant of licence)

4. The General Authorisation (2) What is an electronic communications network or service? –ECN: transmission system for the conveyance of signals - technology neutral –ECS: consists wholly or mainly in conveyance of signals, normally for remuneration, but NOT a content service Where is the general authorisation? –legal framework established by the Communications Bill –initial implementation by Statutory Instrument under the European Communities Act: new regime operational from 25 July 2003

5. The General Authorisation (3) Anyone will be entitled to run an electronic communications network or provide an electronic communications service –requiring a person to obtain a licence first is prohibited –all licences will be revoked on 25 July 2003 Notification may be required – who, where and what only Fees will be required – but not from everyone

6. On 25 July 2003 Goodbye licences!Hello authorisation! General conditions for all Specific conditions, notification requirement and fees for some

7. Limited Regulation (1) the general authorisation to provide a communications network or service may be subject to conditions –specific or general –conditions may also be attached to the grant of spectrum and numbers conditions on numbers are dealt with as part of the general conditions by the Communications Bill RA is dealing with the implications for spectrum regulation

8. Limited Regulation (2) EC Directives limit the types of specific and general conditions we can impose –specific: limited by the Access and Interconnection Directive and the Universal Service Directive –general: limited by the Annex to the Authorisation Directive some flexibility for consumer protection rules NO ability to impose general conditions for competition purposes

9. General conditions of entitlement (1) Potentially apply to ALL providers of electronic communications networks and services BUT in practice obligations only bite on limited sets of communications provider –most only bite when networks or services are being provided to the public Main point: they do not discriminate between individual providers, but they can be imposed on groups or classes of network or service provider

10. General Conditions of Entitlement (2) Current con doc proposes 23 general conditions the obligations bite depending on what you do NOT who you are / which licence –ie what type of network or service is being provided? Are you providing a network, or just equipment? Purely a ‘content service’? Then neither ECN or ECS Telephony only, or ‘electronic communications’? To the public, or only limited user group? Both the transmission system and the conveyance of signals over it (network and service), or only one of either?

11. General conditions of entitlement (3) Providers of publicly available telephone services (fixed and mobile): –Transparency and Publication of Information –Operator Assistance, Directories and Directory Enquiry Facilities –Emergency Call Numbers –Non-Payment of Bills restrictions on disconnection –Special Measures for Users with Disabilities –Itemised Bills –Use During Disasters –Proper and Effective Functioning of the Network

12. General conditions of entitlement (4) Providers of public electronic communications services (includes PATS providers, and others e.g. broadband and narrowband internet access): –Requirement to offer contracts minimum terms –Quality of service only on request –Codes of Practice and Dispute Resolution scheme must be approved (Ombudsman Scheme) –Metering and Billing compliance with Metering and Billing Scheme will remain limited

13. General conditions of entitlement (5) Providers of public telephone networks: –Proper and effective functioning of the network –Provision of additional facilities tone dialing and CLI Providers of public electronic communications networks (includes public telephone networks): –General access and interconnection obligations replaces Annex II status –Must Carry Obligations broadcasting networks only –Controlled Premium Rate Services Providers of public pay telephones: –Public Pay Telephones

14. General Conditions of entitlement (6) All providers of electronic communications networks or electronic communications services: –Standardisation and Specified Interfaces Int’l Standards mainly for network interoperability –Automatic Calling Equipment prohibition on use without consent (no longer catches end users) –Numbering conditions: apply to anyone allocated or using numbers Allocation and adoption of telephone numbers Number portability Provision of Directory Information Non-geographic numbers

15. Complete change from licences? Most general conditions drawn from Directive provisions which are similar to previous obligations –most general conditions are similar to current licence conditions in the standard schedules Drafting new general conditions has provided the opportunity to get rid of unnecessary / outdated regulation –attempt to make language in the conditions more understandable without losing legal clarity Some obligations have been removed, and some moved to the face of new legislation

16. Current consultation on the general conditions Published 22 May, responses due by 13 September No extensions on deadline!! Comments are needed to feed in to the SI process General conditions will initially be implemented by SI (under ECA) and Oftel –2nd set of general conditions needs to be drafted to be attached to the SI –Package of SIs will be subject to DTI consultation later this year

17. … any questions?