
1 
These Regulations may be cited as the Telecommunications (Licence Modification) (Cable and Local Delivery 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 CableTel Northern Ireland Limited licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to CableTel Northern Ireland Limited on 4 November 1996;
 “the Comment Cablevision North East Partnership licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to the Comment Cablevision North East Partnership on 26 April 1991;
 “the Coventry licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Coventry Cable Limited on 21 April 1997;
 “the modified licences” means the relevant licences as amended by these Regulations;
 “the relevant licences” means the relevant cable licences and the relevant local delivery operator licences;
 “the relevant cable 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 1 hereto on the date specified against each person in column 2 thereof;
 “the relevant local delivery 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 standard Schedules” means the Schedules to the Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999; and
 “the Windsor Television licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Windsor Television Limited on 16 April 1991.
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, subject to the following amendment—
 in the case of the Comment Cablevision North East Partnership licence, after Annex B in the Table of Contents there shall be added the words “ANNEX C DESCRIPTION OF THE PARTNERSHIP”;
(b) in the case of the relevant cable licences—
(i) in paragraphs 1 and 2, for the words “Applicable Cabled Systems” wherever they appear there shall be substituted the words “Applicable Systems”;
(ii) in paragraph 2 of the relevant cable licences specified in Part A of Schedule 1 hereto other than the Comment Cablevision North East Partnership licence, for the words “Annex C” there shall be substituted the words “Annex B1”;
(iii) in paragraph 2 of the Comment Cablevision North East Partnership licence, for the words “Annex D” there shall be substituted the words “Annex B1”;
(iv) in paragraph 3, before the words “shall continue” there shall be inserted the words “without prejudice to Schedule 2 to this Licence”;
(c) in the case of the relevant cable licences other than the Windsor Television Limited 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.”;
(d) in the case of the Windsor Television Limited licence, after paragraph 4 the paragraphs set out in sub-paragraph (c) above shall be added as paragraphs 5 to 9 respectively;
(e) in the case of the relevant local delivery operator licences—
(i) in paragraph 1 of the licences set out in Part A of Schedule 2 hereto, for the words “telecommunication systems of every description” there shall be substituted the words “the telecommunication systems specified in Annex A”;
(ii) in paragraph 5 of the licences specified in sub-paragraph (e)(i) above other than the CableTel Northern Ireland Limited licence, for the words “Annex A” there shall be substituted the words “Annex B”; and
(iii) for paragraph 7 there shall be substituted the following paragraph—“
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.”;
(f) for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, subject to the following amendments—
(i) in the case of each relevant cable licence—(aa) condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments—(i) for paragraph 1 there shall be substituted the following paragraph—“
1.1 

(a) If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).
(b) If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).
(c) The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.”; and
(bb) after paragraph 4 of condition 1 there shall be inserted the following paragraph—“
1.5 
In this Condition—
 ‘Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990;”;
(ii) in the case of the relevant local delivery operator licences other than the Coventry Cable licence, after paragraph 2 of condition 1 there shall be inserted the following paragraphs—“
1.3 
The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the requirements of a licence granted, or having effect as if granted, to the Licensee or a member of the Licensee’s Group under Part II of the Broadcasting Act 1990, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.
1.4 
In this Condition—
 ‘Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.”; and
(iii) in the case of the Coventry Cable licence condition 1 shall be replaced by condition 1 of that licence in the form it was in immediately before the coming into force of these Regulations, subject to the following amendments—(aa) for paragraph 1 there shall be substituted the following—“
1.1 

(a) If the Licensee provides Publicly Available Telephone Services, the Licensee shall comply with Condition 2 (Requirement to Provide Directory Services).
(b) If the Licensee does not provide Publicly Available Telephone Services, the Licensee shall comply with Condition 3 (Requirement to Provide International Conveyance Services or International Directory Services).
(c) The Licensee shall, except to the extent that the Director otherwise determines, install, keep installed and run the Applicable Systems in such a way as to secure that there are available by means of the Applicable Systems telecommunication services consisting in the conveyance of Messages comprising Entertainment Services to any person who reasonably requests the provision of such services at any place in the Licensed Area in respect of which such services have been established in accordance with the following provisions of this Condition, and the Licensee shall ensure that one or more Network Termination Points comprised in Network Termination and Testing Apparatus are installed, kept installed and run for these purposes on the premises occupied by every such person.”; and
(bb) for paragraphs 5 and 6 there shall be substituted the following—“
1.5 
In this Condition—
 ‘Entertainment Services’ means services provided under a licence granted, or having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990.”;
(g) for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules, subject to the following amendments—
(i) in the case of the relevant licences other than those specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph—“
(k) if any licence granted, including a licence having effect as if granted, in respect of the Licensed Area under Part II of the Broadcasting Act 1990 is revoked.”; and
(ii) in the case of the relevant licences specified in Part B of Schedule 2 hereto, after sub-paragraph (j) of paragraph 1 there shall be inserted the following sub-paragraph—“
(k) if any licence granted to the Licensee or a member of the Licensee’s Group, including a licence having effect as if granted, under Part II of the Broadcasting Act 1990 is revoked.”;
(h) for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules, subject to the following amendments—
(i) in paragraph 2,
(aa) after sub-paragraph (d) there shall be inserted the following sub-paragraph—“
(dd) any telecommunication system of the kind mentioned in section 6(2A) of the Act run by a broadcasting authority;” and
(bb) in sub-paragraph (e) for the words “paragraphs 2(a) to 2(d)” there shall be substituted the words “paragraphs 2(a) to 2(dd)”; and
(ii) in the case of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, after sub-paragraph (d) of paragraph 3 there shall be added the following—“Provided That the Licensee may not provide in any particular geographical area telecommunication services comprising the conveyance of Messages authorised above under the terms of this Licence and which originate or terminate in that geographical area for so long as the Licensee or a member of the Licensee’s Group holds an individual licence (other than this Licence) granted or to be granted under section 7 of the Act which authorises the provision of those particular services in that particular geographical area and which has not been revoked in accordance with the provisions of Schedule 2 to that licence, except where that licence has been revoked with the agreement of the licensee thereunder.”;
(i) for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules;
(j) in each of the relevant cable licences, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto;
(k) in each of the relevant cable licences specified in Part A of Schedule 1 hereto Annex B shall be deleted;
(l) in each of the relevant local delivery operator licences other than those specified in Part B of Schedule 2 hereto Annex A shall be renumbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto; and
(m) in each of the relevant local delivery operator licences specified in Part B of Schedule 2 hereto, for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto, save that in paragraph 1 thereof after the words “United Kingdom” there shall be inserted the words “but only in so far as they are used to convey services whose provision is authorised under paragraph 3 of Schedule 3 to this Licence and”.
4 

(1) So far as anything done or treated as done under or for the purposes of any provision of the former 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 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 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 had not been modified;
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.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
3rd September 1999
SCHEDULE 1
Regulation 2
PART A

Column 1 Column 2
Aberdeen Cable Services Ltd 20/5/1985
Coventry Cable Limited 22/5/1985
Swindon Cable Ltd 31/12/1986
City Centre Cable 3/5/1988
Cotswold Cable Television Company Limited 26/8/1988
Southampton Cable Limited 23/1/1989
East Lancashire Cablevision Limited 21/6/1989
Andover Cablevision Limited 28/6/1989
Cablevision Bedfordshire Limited 23/8/1989
West Country Cable Limited 5/12/1989
Cable North (Motherwell) Limited 18/1/1990
Cable North (Cumbernauld) Limited 18/1/1990
Cable North (Dumbarton) Limited 18/1/1990
United Cable Television (London South) plc 23/1/1990
Norwich Cablevision Ltd 19/2/1990
Videotron London Limited 15/3/1990
Peterborough Cablevision Ltd 2/4/1990
Bolton Telecable Ltd 4/4/1990
Videotron London Limited 1/5/1990
Videotron London Limited 1/5/1990
United Artists Communications (London South) PLC 8/5/1990
Cable and Satellite Television Holdings Limited 18/5/1990
East Coast Cable Limited 7/6/1990
Mid Downs Cable Limited 9/7/1990
Herts Cable Limited 13/8/1990
City Centre Communications Limited 31/8/1990
Derby Cablevision Limited 3/9/1990
Leicester Communications Limited 3/9/1990
Cable Television Limited 4/9/1990
Southdown Cablevision Limited 28/9/1990
Jones Cable Group of South Hertfordshire Limited 15/10/1990
Fenland Cablevision Limited 29/10/1990
Heartland Cablevision II (UK) Limited 31/10/1990
South Yorkshire Cablevision Limited 1/11/1990
Cable Thames Valley Limited 2/11/1990
Cable North (Forth District) Limited 11/11/1990
United Artists Communications (North Thames Estuary) Limited 14/11/1990
Heartland Cablevision II (UK) Limited 21/11/1990
East London Telecommunications Limited 29/11/1990
Stort Valley Cable Limited 29/11/1990
Starside Network Limited 30/11/1990
United Artists Communications (South Thames Estuary) Ltd 30/11/1990
Stafford Communications Limited 4/12/1990
Cable Communications (St Helens and Knowsley) Limited 8/12/1990
Telecable of Stockport Limited 8/12/1990
Telecable of Macclesfield Limited 19/12/1990
Staffordshire Cable Limited 19/12/1990
Heartland Cablevision (UK) Limited 19/12/1990
Cablevision (Scotland) plc 20/12/1990
Telecable of Calderdale Limited 7/1/1991
Telecable of Harrow Limited 9/1/1991
Cablevision North Bedfordshire Limited 9/1/1991
Cablevision Communications Company of Hertfordshire Ltd 11/1/1991
Britannia Cablesystems Wirral Limited 16/1/1991
Broadland Cablevision Limited 17/1/1991
Tayside Cable Systems Ltd 17/1/1991
Tayside Cable Systems Limited 17/1/1991
East London Telecommunications Limited 23/1/1991
Cheshire Cable Limited 31/1/1991
Telecommunications Network Limited 7/2/1991
Wessex Cable Limited 7/2/1991
Wakefield Cable Limited 7/2/1991
Jones Cable Group of Aylesbury and Chiltern Limited 18/2/1991
Britannia Cablesystems Teesside Limited 21/2/1991
Britannia Cablesystems Surrey Limited 6/3/1991
Greater Manchester Cablevision Limited 18/3/1991
Britannia Cablesystems Darlington Limited 18/3/1991
Northampton Cable Television Limited 27/3/1991
Britannia Cablesystems Solent Limited 9/4/1991
Kingdom Cablevision Ltd 18/4/1991
Videotron South Limited 22/4/1991
Oxford Cable Limited 22/5/1991
Videotron Thamesmead Limited 6/6/1991
Comment Cablevision Wearside Partnership 24/9/1993
Devon Cablevision Limited 16/12/1993
PART B

Column 1 Column 2
Westminster Cable Company Limited 26/4/1985
Clyde Cablevision Ltd 7/6/1985
CableTel Communications Limited 24/9/1985
Windsor Television Ltd 30/9/1985
East London Telecommunications Ltd 1/7/1986
Cable Camden Limited 7/8/1989
Lancashire Cable Television Limited 14/10/1989
Merseyside Cablevision Limited 14/10/1989
Birmingham Cable Limited 2/11/1989
East London Telecommunications Limited 16/11/1989
Cable Haringey Limited 4/4/1990
Diamond Cable (Nottingham) Limited 17/4/1990
Cambridge Cable Limited 13/7/1990
NYNEX CableComms Wessex 17/7/1990
Harrogate Telecommunications Complex 29/10/1990
York Telecommunications Complex 29/10/1990
Cable Hackney and Islington Limited 29/10/1990
Cable Communications (Wigan) Ltd 14/11/1990
Cable Commuications (Barnsley) Ltd 14/11/1990
Cable Enfield Limited 25/11/1990
Cable Communications (Liverpool) Limited 30/11/1990
Jones Cable Group of Leeds Limited 8/12/1990
Cablevision Communications Company Limited 8/12/1990
Sheffield Cable Media Limited 19/12/1990
Kirklees Cable 20/12/1990
Alphavision Communications Grim-Clee Limited 16/1/1991
Alphavision Communications Lincoln Ltd 17/1/1991
Newport Cablevision 23/1/1991
West Midland Cable Communications Limited 25/1/1991
Clyde Cablevision 29/1/1991
Clyde Cablevision 29/1/1991
Clyde Cablevision 29/1/1991
Clyde Cablevision 29/1/1991
Middlesex Cable Limited 15/2/1991
Diamond Cable (Mansfield) Limited 20/2/1991
Diamond Cable (Newark) Limited 27/3/1991
Diamond Cable (Grantham) Limited 27/3/1991
Diamond Cable (Melton Mowbray) Limited 27/3/1991
Windsor Television Limited 11/4/1991
Telford Telecommunications Limited 12/4/1991
Encom Cable TV & Telecommunications Limited 11/3/1993
Encom Cable TV & Telecommunications Limited 1/4/1993
Bradford Cable Communications Limited 15/7/1993
Comment Cablevision Worcester Limited 25/9/1993
Insight Communications Cardiff Limited 13/10/1993
Cabletel Surrey Ltd 13/10/1993
NYNEX CableComms Bury & Rochdale 14/12/1993
NYNEX CableComms Oldham & Tameside 14/12/1993
United Artists Communications (London South) plc 14/1/1994
SCHEDULE 2
Regulation 2
PART A

Column 1 Column 2
CableTel South Wales Limited 4/11/1996
CableTel Northern Ireland Limited 4/11/1996
Birmingham Cable Limited 6/1/1997
Lichfield Cable Communications Limited. 19/12/1996
Eurobell (West Kent) Limited 14/10/1996
Telewest Communications Fylde & Wyre Limited 19/12/1996
Telewest Communications Southport Limited 19/12/1996
Sussex Cable & Telecoms Limited 7/7/1997
Shropshire Cable & Telecoms Limited 7/7/1997
Videotron Southampton & Eastleigh Limited 4/11/1996
Coventry Cable Limited 21/4/1997
PART B

Column 1 Column 2
Telewest Communications plc 14/1/1997
Diamond Cable Communications (UK) Ltd 28/4/1997
Cable Thames Valley Limited 28/7/1997
Eurobell Holdings plc 28/7/1997
General Telecommunications Limited 28/7/1997
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 Services61Information 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(j)
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 (SI 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.