Oftel

NOTICE OF DESIGNATION UNDER SECTIONS 38 AND 34 OF THE COMMUNICATIONS ACT 2003

1. The Director General of Telecommunications (“the Director”) in accordance with section 38 and section 34 of the Communications Act 2003 (“the Act”) hereby gives notice of a designation, set out below, that he has made by way of publication of the notice on 25 July 2003 for the purposes of section 38 of the Communications Act 2003 (Fixing of Charges). 2. The designation follows Oftel’s consultation on the Implementation of the Authorisation Directive’s provisions on notification and fees dated 10 February 2003 and the consultation by the Secretary of State for Trade and Industry on the Draft Electronic Communications (Network and Services) Regulations dated 19 March 2003. Designation for the purposes of section 38 of the Act 1.  Definitions 1.1 For the purpose of interpreting this Designation 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; “First Charging Year” means the period beginning with 25 July 2003 and ending on 31 March 2004; “Relevant Activity” means any of the following: (a) the provision of Public Electronic Communications Services to End-Users; (b) the provision of Electronic Communications Networks, Electronic Communications Services and Network Access to Communications Providers; or (c) the making available of Associated Facilities to Communications Providers; “Relevant Turnover” means turnover from carrying on any Relevant Activity after the deduction of sales rebates, value added tax and other taxes directly related to turnover; and “Second Charging Year” means the period beginning with 1 April 2004 and ending on 31 March 2005. 1.2 except in so far 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.  Designation 2.1 During the First Charging Year, the Electronic Communications Network, Electronic Communications Service or Associated Facility which is designated for the purposes of section 38 of the Act is any Electronic Communications Network, Electronic Communications Service or Associated Facility where the person providing that Network or Service, or making available that Associated Facility had a Relevant Turnover of £5,000,000 or more in that person’s financial year ending in the period of 12 months ending on 24 July 2002. 2.2 During the Second Charging Year, the Electronic Communications Network, Electronic Communications Service or Associated Facility which is designated for the purposes of section 38 of the Act is any Electronic Communications Network, Electronic Communications Service or Associated Facility where the person providing that Network or Service, or making available that Associated Facility had a Relevant turnover of £5,000,000 or more in that person’s financial year ending in the period of 12 months ending on 24 July 2003. 2.3 During any subsequent Charging Year, the Electronic Communications Network, Electronic Communications Service or Associated Facility which is designated for the purposes of section 38 of the Act is any Electronic Communications Network, Electronic Communications Service or Associated Facility where the person providing that Network or Service, or making available that Associated Facility had a Relevant Turnover of £5,000,000 or more in that person’s financial year ending in the Charging Year immediately prior to the Charging Year before the Charging Year in question. N Buckley, Policy Project Director