Notice of intention by the Director General of Telecommunications to publish a general demand for information as soon as possible after 25th July 2003

Following on from the Statement made by the Director General of Telecommunications (‘the Director’) on Implementation of the Authorisation Directive’s provisions on notifications and fees of 16th May 20031 the Director hereby gives notice of his intention to publish as soon as possible after 25th July 2003, a general demand for information, the text of which is set out below, in accordance with his proposed powers under the Communications Bill. The purpose of the demand will be to obtain information from persons liable to pay the administrative charge as proposed under clause 35 of the Communications Bill so as to be able to ascertain the administrative charges payable by them. In the event that the Communications Bill does not receive Royal Assent in time for it to enter into force by the 25th July the Director will publish the demand in accordance with his proposed 2 powers under the draft Electronic Communications (Networks and Services) Regulations.2

“General Demand for Information required by the Director under Section 132 of the Communications Act 2003 and issued in accordance with Section 134 of that Act for the purposes of calculating the administrative charge for the Charging Year commencing on 25th July 2003 and ending on 31st March 2004

1. Definitions

1.1 For the purposes of interpreting this Demand for Information the following definitions shall apply:

‘Act’ means the Communications Act 2003;

‘Director’ means the Director General of Telecommunications as appointed under Section 1 of the Telecommunications Act 1984;

‘Relevant Charging Year’ means the period commencing on 25th July 2003 and ending on 31st March 2004;

‘Relevant Person’ means a person providing an Electronic Communications Network or Electronic Communications Services or making available an Associated Facility of a description designated by the Director for the purposes of Section 35 of the Communications Act 2003 such designation being contained in a notice published by the Director on [insert date] 3, at Annex 1, in accordance with Section 31 of the Communications Act 2003;

‘Relevant Activity’ has the same meaning as in the Charging Principles, at Annex 2,4 published by the Director on [insert date];

‘Relevant Turnover’ means the Turnover made by any Relevant Person in that Person’s financial year ending in the period of 12 months ending on 24th July 2002; and

‘Turnover’ means the turnover made from carrying on any Relevant Activity after deduction of sales rebates, value added tax and other taxes directly related to turnover.

1.2 Except insofar as the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the same meaning as it has in the Act.

2. Demand for Information

2.1 In accordance with his powers under Section 132 of the Act the Director hereby gives notice that all Relevant Persons are required to submit to the Director details of their Relevant Turnover.

2.2 The reason for this request is to enable the Director to calculate and collect the administrative charge for the Relevant Charging Year in accordance with his powers under Section 35 of the Act.

2.3 All Relevant Persons are required to send details of their Relevant Turnover by [date six weeks after application] to:

Oftel

50 Ludgate Hill

London EC4M 7JJ

2.4 Details of the Relevant Turnover of the Relevant Person must be supported by certification from two Directors and a copy of an extract of the statutory audited accounts prepared in accordance with the requirements of the Companies Act 1985 as amended by the Companies Act 1989.

3. Penalties for failure to respond

3.1 Relevant Persons who fail to respond to this Demand for Information could face financial penalties of up to £50,000 under Section 136 of the Act or criminal prosecution under Section 141 of the Act. Relevant Persons in serious and repeated contravention of the requirements in this Demand could face a direction, under Section 137 of the Act suspending their entitlement to provide electronic communication networks or electronic communication services or make associated facilities available.”

1	Available at http://www.oftel.gov.uk/publications/eu_directives/2003/notfees0503.htm
2	At present that power is contained in regulation 60 of the draft statutory instrument on networks and services which is available at
http://www.communicationsbill.gov.uk/pdf/Implementation_Con_Doc_AnnexD.pdf.
3	Available at http://www.oftel.gov.uk/publications/eu_directives/2003/notfees0503.htm
4	Guidance on the definition of relevant activity is available at [insert web link]