Telecommunications
Telecommunication
Oftel
NOTICE OF INTENTION BY THE DIRECTOR GENERAL OF TELECOMMUNICATIONS TO PUBLISH A GENERAL DEMAND FOR INFORMATION AS SOON AS POSSIBLE AFTER 25 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 16 May 2003¹ the Director hereby gives notice of his intention
to publish as soon as possible after 25 July 2003, a general demand for information,
the text of which is set our 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 25 July, the Director will publish the demand in
accordance with his proposed 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 the Act for the
purposes of calculating the administrative charge for the Charging Year commencing
on 25 July 2003 and ending on 31 March 2004.
1. Definitions
1.1 For the purposes of intepreting 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 25 July 2003 and ending on
31 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, 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 24 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 required, 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 6 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/eudirectives/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/ImplementationAnnexD.pdf
³ Available at http://www.oftel.gov.uk/publications/eudirectives/2003/notfees0503.htm
Guidance on the definition of relevant activity is available at [to be published]