Telecommunications

Telecommunications Act 1984TELECOMMUNICATIONS ACT 1984Broadcasting Act 19962000-05-192000-05-051997-01-231990-12-202000-04-07TSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk5581310031003
NOTICE UNDER SECTION 12(2) OF THE TELECOMMUNICATIONS ACT 1984
PROPOSED MODIFICATIONS OF THE LICENCE OF NATIONAL TRANSCOMMUNICATIONS LTD (NTL)

The Director General of Telecommunications (the “Director”), hereby gives notice in accordance with section 12(2) of the Telecommunications Act 1984 (the “Act”), that he proposes to make modifications to the licence granted to National Transcommunications Ltd (“NTL”) on 20th December 1990 (the “Licence”). The Director proposes to alter the definition of “Relevant Person” currently set out in Schedule 1, Part 1(x) of NTL’s transmission licence. The effect of the modifications which the Director proposes to make is set out in the Schedule below. The reason for the modifications is to bring Schedule 1, Part 1(x) of NTL’s licence in line with that of the licence granted to Crown Castle UK on 23rd January 1997. The modifications will therefore enable the Director to maintain and promote effective competition in the provision of television and radio transmission services. The Director also proposes to make certain amendments consequential on the modifications mentioned above. The effect of these modifications will be to ensure that certain other definitions in Schedule 1 take account of the Broadcasting Act 1996, Digital Services and services to Sound Broadcasters. These amendments are to be made for reasons of consistency and transparency. The Director is required by section 12(2) of the Act to consider any representations or objections which are duly made and not withdrawn. Subject to such consideration and NTL’s consent, the Director proposes to make the modifications forthwith. The consultation period comprises two stages. In the first stage, representations on or objections to the proposed modifications may be made to Robert MacDougall, Oftel, 50 Ludgate Hill, London EC4M 7JJ (telephone 020 7634 8726, fax 020 7634 8893, Email: robert.macdougall@oftel.gov.uk) by no later than 5th May 2000. Any confidential material should be clearly marked as such and separated out into a confidential annex. All representations and objections received by Oftel, with the exception of material marked confidential, will be made available for inspection in Oftel’s Library. Comments on this document (if they are relatively short) can also be sent to OFTEL at the following Email address: press.office.oftel@gtnet.gov.uk In the second stage of consultation, interested parties are invited to send comments on representations and objections received in the first stage to Robert MacDougall at Oftel, details as above, by no later than 19th May 2000. Copies of the proposed modifications and consequential amendments can be obtained from Robert MacDougall at the above address. Schedule Proposed modifications of NTL’s licence to run telecommunication systems for the provision of television and radio transmission services. The proposed modifications will alter the definition of “Relevant Person”, currently set out in Schedule 1, Part 1(x) of NTL’s transmission licence. It is intended that the definition of “Relevant Person” will include services provided to Channel 5, and will take into account changes implemented by the Broadcasting Act 1996. This will ensure that NTL’s transmission licence makes reference to digital services. The proposed changes will also bring services provided to any Sound Broadcaster under the scope of “Relevant Person”. The proposed modifications will ensure that those persons included within the definition of “Relevant Person” have improved access to NTL sites. The proposed modifications will ensure that persons included within the definition of “Relevant Person” will be able to independently trigger the determination process where there is a dispute about the price being charged.