Out-Law News 1 min. read

Oftel sets new rules under Communications Directives


Oftel yesterday confirmed conditions that operators will need to meet from 25th July in order to provide electronic communications networks and services.

The watchdog's conditions set out the minimum requirements that communications providers must meet, including providing reliable network services and negotiating interconnection arrangements with other network operators.

The general conditions replace the obligations contained in current telecoms licences, which will be revoked on 25th July under the new European framework for communications regulation.

Under the new regulatory regime, conditions in licences are to be replaced by a combination of general conditions applicable to all communications providers and specific conditions to be set and applied to specific communications providers, for example where they have significant market power or have universal service obligations. The conditions will be backed by enforcement powers if companies breach them.

David Edmonds, Director General of Telecommunications said:

"The publication of these general conditions is an important final milestone in Oftel's work to introduce an entirely new framework for communications regulation under the EC Communications Directives.

"The general conditions provide a more streamlined and flexible regime for current and new operators and service providers, and a sound basis for future regulation of communications network and service providers by Oftel and later, Ofcom."

It is intended that the new Communications Act will implement the new Directives, but because the Communications Bill is currently progressing through the parliamentary process it is not certain whether that will be complete by 25th July.

To ensure that there is no gap in regulation, statutory instruments have been drafted by the Department of Trade and Industry to ensure the implementation of the new Directives for any period between 25th July 2003 and the entry into force of the new Communications Act.

The SIs can be found on the Communications Bill web site at:
www.communicationsbill.gov.uk/
Interim_Implementation_revised.htm

Previous publications on the general conditions are available here

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