MERCURY PERSONAL COMMUNICATIONS LIMITED AND ORANGE PERSONAL COMMUNICATIONS SERVICES LIMITED

Proposed modifications of the licences

The Director General of Telecommunications (“the Director”), in accordance with section 12(2) of the Telecommunications Act 1984 (“the Act”), hereby gives notice that he proposes to make modifications to the licence granted to Mercury Personal Communications Limited (“MPCL”) on 9th May 1995, and to the licence granted to Orange Personal Communications Services Limited (“OPCL”) on 27th July 1995.   Modifications were made to the licences of MPCL and OPCL on 2nd April 1998, to remove the obligations contained in those licences to provide airtime to mobile service providers subject to a transitional period of 1 year from the date the modifications were made. At the same time changes were made to the licences, the effect of which was to remove the obligations under section 8(1) of the Act to publish charges and not to show undue preference or discrimination in respect of some of the services which the Licensees are obliged to provide under the licences. The Director now proposes to make the modifications described in the Schedule below in order to restore these obligations which are necessary to ensure that section 8 of the Act applies to the licences of MPCL and OPCL.   The proposed modifications apply to the telecommunications services which the licensees are currently obliged to provide. The position relating to other services will be subject to review as part of the implementation of the Directive 97/13 EC of the European Parliament and Council (“the Licensing Directive”) on which the Department of Trade and Industry propose to issue a consultation document later this year.   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is required by section 12(2) of the Act to consider any representations or objections which are duly made and not withdrawn.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 considerations and the consent of MPCL and OPCL, the Director proposes to make the modifications forthwith.   Representations on or objections to the proposed modifications may be made to Rosemary Buck, OFTEL, 50 Ludgate Hill, London EC4M 7JJ (telephone 0171-634 8822, fax 0171-634 8847), by no later than Friday, 25th September 1998.   It is OFTEL’s usual practice to have a two stage consultation, where the second stage of the consultation is for the purpose of providing comments on the responses to the consultation itself. However, on this occasion, in view of the technical nature of these modifications which serve only to remedy a possible defect in the modifications made on 2nd April 1998, it is not intended to have a second stage.

Schedule

  It is proposed to modify the licence as follows: Condition 8 (Publication of charges, terms and conditions to be applied)—by applying the obligation to publish charges to services which the licensees are currently obliged to provide under their licence; and Condition 9 (Prohibition on undue preference and undue discrimination)—by applying the prohibition on undue preference and undue discrimination to services which the licensees are currently obliged to provide under their licences.