
1 
These Regulations may be cited as the Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities Operator Licences) Regulations 1999 and shall come into force on 27th September 1999.
2 
In these Regulations—
 “the 1984 Act” means the Telecommunications Act 1984;
 “the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;
 “the Kingston Communications (Hull) PLC licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Kingston Communications (Hull) PLC on 24 March 1999;
 “the Mercury Communications licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury Communications Limited on 5 November 1984;
 “the modified licences” means the relevant licences as amended by these Regulations;
 “the relevant licences” means the relevant fixed voice telephony licences and the relevant international facilities operator licences;
 “the relevant fixed voice telephony licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 1 hereto on the date specified against each person in column 2 thereof;
 “the relevant international facilities operator licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 2 hereto on the date specified against each person in column 2 thereof;
 “the revoked licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the date specified against each person in column 2 thereof;
 “the standard Schedules” means the Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999; and
 “the Videotron City and Westminster licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Videotron City and Westminster Limited on 3 March 1994.
3 
The relevant licences are hereby modified as follows:—
(a) for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 3 hereto;
(b) in paragraph 1,
(i) for the words “telecommunication systems of every description” there shall be substituted the words “telecommunication systems specified in Annex A”;
(ii) in the case of the Videotron City and Westminster licence, for the words “Annex A” there shall be substituted the words “Annex B”;
(c) for the words “shall be of six months' duration” to the end
(i) in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, in paragraph 2 thereof, and
(ii) in the case of the relevant international facility operator licences specified in Part B of that Schedule and in the case of the Kingston Communications (Hull) PLC licence, in paragraph 3 thereof,
there shall be substituted the words “shall be of twenty five years' duration in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years' notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of this Licence.”;
(d) in the case of the Kingston Communications (Hull) PLC licence, in paragraph 5 for the words “Annex A” there shall be substituted the words “Annex B”;
(e) in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, for paragraph 6 there shall be substituted the following paragraph—“
6 
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.;”
(f) in the case of the relevant fixed voice telephony licences, other than the Mercury Communications licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for paragraph 7 there shall be substituted as paragraph 7 the paragraph set out in sub-paragraph (e) above;
(g) in case of the Mercury Communications licence, after paragraph 3 there shall be added the following paragraphs—“
4 
The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.
5 
In this Licence, “Licence” means a licence granted or having effect as if granted under section 7 of the Act.
6 
For the purposes of this Licence the “Applicable Systems” means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires.
7 
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
8 
Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.;”
(h) for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules,
(i) for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules;
(j) for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules;
(k) in the case of the relevant fixed voice telephony licences and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;
(l) in the case of
(aa) the relevant international facilities operator licences specified in Part A of Schedule 2 hereto, after Schedule 3 thereof; and
(bb) the relevant fixed voice telephony licences, other than the Kingston Communications (Hull) PLC licence, the Mercury Communications licence and the Videotron City and Westminster licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, after Schedule 4 thereof,
there shall be added Annex A as set out in Schedule 4 hereto;
(m) in the case of the Mercury Communications licence for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto; and
(n) in the case of the Kingston Communications (Hull) PLC licence and the Videotron City and Westminster licence Annex A shall be re-numbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto.
4 

(1) So far as anything done or treated as done under or for the purposes of any provision of the former licences or the revoked licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences or the revoked licences, as the case may be, shall be treated for all purposes as made and having effect under the corresponding provision.
(2) Where any period of time specified in a provision of the former licences or the revoked licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time
(a) ran from the date or event from which it was running immediately before the coming into force of these Regulations, and
(b) expired whenever it would have expired if the former licences or the revoked licences had not been modified or revoked, as the case may be;
and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences or the revoked licences, as the case may be.
5 
The licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the dates specified against each person in column 2 thereof are revoked.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999
SCHEDULE 1
Regulation 2


Column 1 Column 2
ACC Long Distance UK Limited 21.04.1997
Advanced Radio Telecom Limited 21.04.1997
AT & T Communications (UK) Ltd 20.12.1994
Atlantic Telecommunications Limited 30.12.1997
COLT Telecommunications 09.06.1995
Comple Tel UK Limited 11.01.1999
Core Telecommunications Limited 25.06.1999
Eastern Group Telecoms Limited 24.07.1996
Energis Communications Limited 24.05.1993
Enitel ASA 25.06.1999
Esprit Telecom UK Limited 30.12.1997
Faultbasic Limited 15.01.1999
General Telecommunications Limited 11.08.1997
Highway One Corporation Limited 25.09.1997
Inter Digital Networks Limited 01.06.1999
International Computers Limited 22.06.1998
Internet Network Services Limited 25.09.1997
Kingston Communications (Hull) PLC 24.03.1999
Level 3 Communications Limited 28.10.1998
Mercury Communications Limited 05.12.1991
MFS Communications Limited 24.09.1993
MLL Telecom Limited 22.06.1998
National Transcommunications Limited 14.02.1996
NORWEB PLC 03.03.1994
Racal Network Services Limited 02.09.1994
RadioTel Systems Limited 28.04.1997
Rateflame Limited 01.06.1999
Scottish Hydro-Electric PLC 24.05.1993
Scottish Power Telecommunications Limited 24.09.1993
Sprint Holding (UK) Limited 31.03.1994
SWEB Telecoms Limited 15.09.1995
Tele2 (UK) Limited (formerly known as Liberty Communications Limited) 23.02.1995
Telia UK Ltd 08.03.1999
Telstra (UK) Limited 31.03.1994
Torch Communications Limited 08.02.1996
Videotron City and Westminster Limited 03.03.1994
Winstar Communications Limited 25.06.1999
SCHEDULE 2
Regulation 2
PART A

Column 1 Column 2
ABS Telecom PLC (formerly known as Advanced Business Services Ltd) 18 .12.1996
Alpha Telecom Limited 13.10.1998
American Telemedia Limited 28.04.1997
AT & T—Unisource Communications Services (UK) Limited 15.06.1999
Axxon Telecom Limited 09.12.1998
Belgacom UK Limited 13.10.1998
BSI ACCESS UK Limited 15.06.1999
Call-Net (UK) Limited 13.10.1998
Carrier One Ltd 08.03.1999
Cherry Communications UK Limited 05.06.1997
City Telecom (HK) Limited 09.12.1998
Communicorp (UK) Ltd 18.12.1996
Cyberlight Europe PLC 13.10.1998
Data Marine Systems Limited 05.08.1998
DirectNet Telecommunications UK Limited 27.04.1998
Drive Memory Limited 15.01.1999
Esat Telecommunications (UK) Ltd 05.02.1997
Eurotunnel Telecommunications Limited 05.08.1998
FaciliCom International (UK) Ltd 18.12.1996
First Telecom PLC 21.04.1997
Frontel Communications Limited 14.10.1997
GC Global Communications Limited 28.06.1999
GN Great Northern Gateway Limited A/S 27.04.1998
Ibercom Limited 05.08.1998
IBSC Limited 15.06.1999
ICO Services Limited 17.03.1999
IDT Global Limited 14.10.1997
IFC Global (UK) Limited 08.03.1999
INCOM (UK) Ltd 18.12.1996
International Optical Network Limited 09.12.1998
International Telecom PLC 05.08.1998
International Telecommunications Group Inc. 15.06.1998
Interoute Networks Ltd 18.12.1996
ITG (UK) Ltd 18.12.1996
IXNET UK Limited 18.12.1996
Japan Telecom UK Limited 09.12.1998
Jersey Telecoms 09.12.1998
LCI Telecom UK Limited 30.12.1997
LDI Communications Ltd 18.12.1996
Net.Net Ltd 18.12.1996
Netkonect Communications Limited 01.06.1999
NETs Limited 05.08.1998
North American Gateway Limited 30.12.1997
NTT Europe Limited 13.10.1998
o.tel.o communications Limited 27.04.1998
Pacific Gateway Exchange (UK) Ltd 18.12.1996
Pantheon Telecom (UK) Limited 11.06.1999
PLDncompass Limited 08.03.1999
PrimeTEC (UK) Limited 30.12.1997
Primus Telecommunications Ltd 18.12.1996
PSINet Telecom UK Limited 27.04.1998
PT-1 Communications UK Limited 05.08.1998
Qwest Communications International Limited 15.06.1998
Singtel (Europe) Limited 27.04.1998
Skylight Holdings Inc. 25.09.1997
Sonic Telecommunications International Limited 30.12.1997
Spacetel International Ltd 18.12.1996
Star Europe Ltd 18.12.1996
StarGlobal Ltd 01.06.1999
Startec Global Communications UK Limited (formerly known as Startec Telecom Limited) 27.04.1998
Stentor Communications Limited 27.04.1998
Swisscom (UK) Limited 08.03.1999
Tele 2 Communications Services Limited 08.03.1999
Tele 2 Sweden Limited 01.06.1999
Tele Danmark A/S 27.04.1998
Telecom One Limited 05.08.1998
Telegroup UK Limited 30.12.1997
Teleport (Northern Ireland) Limited 14.10.1997
Teleport UK Limited (trading as Satellite Media Services) 15.01.1999
TGC UK Limited 30.12.1997
The JNT Association 05.08.1998
The Phone Company 04.09.1997
TotalTel International Inc. 28.04.1997
Transline Communications Limited 27.04.1998
USA Global Link (UK) Limited 08.03.1999
VIA Net Works UK Ltd 25.06.1999
Witley Communications Limited 15.06.1998
World-Link Inc. 15.06.1999
Worldport Communications Limited 05.08.1998
WorldxChange Communications Limited 21.04.1997
WXNET Limited 15.01.1999
PART B

Column 1 Column 2
AXS Telecom UK Limited 25.09.1997
Cignal Global Communications UK Limited 06.08.1998
Concert Communications Company 18.12.1996
Convergence Ventures Ltd 18.12.1996
East-West Telecom Limited (formerly known as MTU Inform Europe Limited) 17.03.1999
Easynet Group PLC 01.06.1999
EGN BV 15.06.1998
Farland Services UK Limited 17.03.1999
Flag Telecom Ireland Limited 08.07.1999
Flute Limited 09.12.1998
GC Pan European Crossing UK Limited 17.03.1999
Global One Communications Ltd 18.12.1996
GTS Business Services (UK) Limited 15.01.1999
GT UK Limited 25.09.1997
Hermes Europe Railtel BV 18.12.1996
Iaxis Limited 25.06.1999
Izenkom Limited 25.09.1997
KDD Europe Limited 04.09.1997
KPN Telecom UK Limited 05.08.1998
MCI Telecommunications Ltd 18.12.1996
NorSea Com A/S 06.08.1998
Racal Telecommunications Ltd 18.12.1996
Rocom Network Services Limited (formerly known as TeleBermuda International (UK) Ltd) 18.12.1996
RSL Communications Ltd 18.12.1996
Storm Telecommunications Limited 06.08.1998
Telecom Ireland Limited 30.12.1997
Telecom New Zealand (UK) Licences Limited 01.06.1999
Teleglobe International (UK) Ltd 18.12.1996
Teleport London International Limited 15.06.1998
TMI TeleMedia International Ltd 18.12.1996
TNI (Telecom) Limited 11.06.1999
Unisource Carrier Services UK Limited (formerly known as Unisource Holding (UK) Ltd) 18.12.1996
VersaTel Telecom BV 15.06.1998
Viatel UK Limited 15.06.1998
Worldcom International Inc. (formerly known as MFS Communications Limited) 18.12.1996
Zereau Limited 13.10.1998
SCHEDULE 3
Regulation 3(a)
“THE LICENCESCHEDULE 1:CONDITIONS INCLUDED UNDER SECTION 7 OF THE ACTPART 1:Definitions and interpretation relating to the Conditions in Schedule 1PART 2:General Conditions1Requirement to provide Telecommunication Services2Requirement to provide Directory Services3Requirement to provide International Conveyance Services or International Directory Services4Access to Emergency Call Services and Operator Assistance5Connection of Systems and Apparatus6Provision by Others of Services by means of the Applicable Systems7Publication of Charges, Terms and Conditions8Prohibition on Undue Preference and Undue Discrimination9Requirement to Provide Connection Services including Co-location and Facility Sharing10Requirement to offer Contracts for Telephone Services11Metering Arrangements12Billing Arrangements13Itemised Bills14Non Payment of Bills15Publication of Interfaces16Essential Interfaces17Use of Automatic Calling Equipment18Restrictions on Advertising19Consultation with Emergency Organisations and Provision of Services in Emergencies20Essential Requirements and Essential Public Interests21Standards for ISDN Network Termination Points22Controlled Services23Provision of Special Facilities Relating to Chatline and Message Services24Public Call Box Services25Supply and Connection of Apparatus for Disabled People26Numbering Arrangements27Numbering Arrangements for Other Numbers28Number Portability29Obligation to Supply Numbering Information on Request30Accounting Separation for Special or Exclusive Rights in Non-Telecommunication sectors31Fair Trading32Conciliation and Resolution of Disputes33Requirement to Furnish Information to the Director34Notification of Changes in Shareholdings35Licensee’s Group36Payment of Fees37Bodies Recognised to be Representing Interests of ConsumersPART A:Universal Services Conditions38Determination of Provider of Universal Services39Universal Service Fund40Requirement to provide Telephone Services on Request41Schemes for Users with Special Social Needs42Provision of Public Call Box ServicesPART B:Obligation to provide services other than Voice Telephony on request43Requirement to provide Telecommunication Services, other than Voice Telephony Services, on RequestPART C:Operators with Significant Market Power for the purposes of the Interconnection Directive44Determination of Significant Market Power45Interconnection Agreements with Schedule 2 Public Operators including Co-location and Facility Sharing46Requirement to Publish a reference interconnection offer47Requirements relating to Interconnection Agreements with Schedule 2 Public Operators48Requirement to meet Requests for Access other than from Schedule 2 Public Operators49Requirement to Send Individual Agreements to the Director and to Publish Them50Requirement to have Cost Accounting Systems and Accounting Separation for Interconnection PurposesPART D:Operators with Significant Market Power for the purposes of the Revised Voice Telephony Directive and Operators which have been running a Fixed Public Telephone Service for more than 18 months51Scope of Application of this Part52Quality of Service and Provision of Additional Facilities53Special Network Access54Tariffs, Cost Accounting Principles and Discount SchemesPART E:Leased Lines Directive Conditions55Leased LinesPART F:Market Influence56Determination by the Director of Market InfluencePART G:Undue Discrimination and Price Publication Requirements which apply to Parts A, B, C, D, E and F57Prohibition on Undue Preference and Undue Discrimination58Publication of Charges, Terms and ConditionsPART H:Requirements relating to Operators with an International Business59Proportionate Return in respect of the provision of International Simple Voice Resale Services60Proportionate Return in respect of International Conveyance Services61Iformation to the Director about International Accounting Rates etc.62Accounting Separation for International Business63Maintenance of Effective CompetitionPART I:Exceptions and Limitations on Obligations in Schedule 164Exceptions and Limitations on Obligations in Schedule 1SCHEDULE 2:REVOCATIONSCHEDULE 3:AUTHORISATION TO CONNECT OTHER TELECOMMUNICATION SYSTEMS AND APPARATUS TO THE APPLICABLE SYSTEMS AND TO PROVIDE TELECOMMUNICATION SERVICES BY MEANS OF THE APPLICABLE SYSTEMSSCHEDULE 4:EXCEPTIONS AND CONDITIONS RELATING TO THE APPLICATION OF THE TELECOMMUNICATIONS CODEPART 1:Definitions and interpretation relating to the Conditions in Schedule 4PART 2:Exceptions and Conditions relating to the application of the Telecommunications Code1Lines2Installation of telecommunication apparatus other than Lines above the ground3Conservation areas4Listed buildings and ancient monuments5National Parks etc.6National Trust and National Trust for Scotland7Placing of underground lines in ducts8Maintenance and the safety of apparatus9Arrangements with electricity suppliers10Instructions for the installation of apparatus11Records of apparatus12Emergency Works and Urgent Works13Public or private events and construction sites etc.14Emergency Organisations15Public inspection of code related licence conditions16Funds for meeting liabilitiesANNEX ATHE APPLICABLE SYSTEMSANNEX BTHE LICENSED AREA”
SCHEDULE 4
Regulation 3(l), (m) and (n)
ANNEX A
1 
The Applicable Systems are telecommunication systems of every description within the United Kingdom provided that a system (“the System”) is an Applicable System only to the extent that it satisfies each of the following conditions:
(a) the System is one by means of which Messages are conveyed or are to be conveyed:
(i) from one Network Termination Point to another such Point;
(ii) from a Network Termination Point to another place which is neither a Network Termination Point nor a Call Office or from such a place to such a Point;
(iii) between a place which is neither a Network Termination Point nor a Call Office and another such place where their conveyance is not by way of provision of a service to another person; or
(iv) between a Call Office and any other place;
but in any case not beyond a Network Termination Point;
(b) none of the apparatus comprised in the System is Relevant Terminal Apparatus installed on premises occupied by a person to whom there are provided telecommunication services by means of the System.
2 
In this Annex:
 “Applicable Terminal Equipment” means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (S.I.1992/2423);
 “Approved Apparatus” means apparatus approved under section 22 of the Act for connection to that system or which is Compliant Terminal Equipment;
 “Call Office” means telecommunication apparatus not supplied by the Licensee to any particular person but made available for use by the public or a class of the public;
 “Compliant Terminal Equipment” means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992;
 “Message” means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;
 “Network Connecting Apparatus” means telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another telecommunication system;
 “Network Termination and Testing Apparatus” means an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:
(i) Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;
(ii) the conveyance of Messages between such Apparatus and the Applicable Systems; and
(iii) the due functioning of the Applicable Systems to be tested,but the only other functions of which, if any, are:
(A) to supply energy between such Apparatus and the Applicable Systems;
(B) to protect the safety or security of the operation of the Applicable Systems; or
(C) to enable other operations exclusively related to the running of the Applicable Systems to be performed or the due functioning of any system to which the Applicable Systems are or are to be connected to be tested (separately or together with the Applicable Systems);
 “Network Termination Point” means any point:
(i) within an item of Network Connecting Apparatus at which energy in any of the forms specified in section 4(1) of the Act is conveyed directly to or from apparatus comprised in a telecommunication system other than one in which that Network Connecting Apparatus is comprised; or
(ii) within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus;
(iii) which, in the case of a radio based telecommunication system, is the last point at which Messages are transmitted, or the first point at which Messages are received in the form of electromagnetic signals, by apparatus run by a person other than the Licensee and lawfully connected to that System;
 “Relevant Terminal Apparatus” means:
(i) “Terminal Apparatus”, that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and
(ii) any other telecommunication apparatus connected to the apparatus referred to in sub-paragraph (i) above constituting a system run under a Licence by the person using that Terminal Apparatus; and
 “Served Premises” means a single set of premises in single occupation where apparatus has been installed for the purpose of the provision of telecommunication services by means of the Applicable Systems at those premises.
SCHEDULE 5
Regulations 2 and 5


Column 1 Column 2
ACC Long Distance UK Ltd 18.12.1996
AT&T Communications (UK) Ltd 18.12.1996
Atlantic Telecommunications Limited 29.06.1995
Atlantic Telecommunications Limited 06.06.1997
Colt Telecommunications 18.12.1996
Energis Communications Ltd 18.12.1996
Esprit Telecom UK Ltd 18.12.1996
Eurobell (Holdings) PLC 25.09.1997
Internet Network Services Limited 15.06.1998
Ionica L3 Limited 09.02.1993
Level 3 Communications Limited 13.10.1998
National Transcommunications Limited 20.01.1997
Scottish Power Telecommunications Ltd 18.12.1996
TeleWest Communications PLC 18.12.1996
Telia UK Ltd 18.12.1996
Telstra (UK) Limited 05.02.1997
Torch Communications Ltd 18.12.1996
Vodafone Ltd 18.12.1996