Oftel

GENERAL DEMAND FOR INFORMATION REQUIRED BY THE DIRECTOR UNDER SECTION 135 OF THE COMMUNICATIONS ACT 2003 AND ISSUED IN ACCORDANCE WITH SECTION 137 OF THAT 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 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 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 38 of the Communications Act 2003 such designation being contained in a notice published by the Director on 25 July 2003, in accordance with section 38 and section 34 of the Communications Act 2003; “Relevant Activity” has the same meaning as in the Statement of Charging Principles, published by the Director on 25 July 2003; “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 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 135 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 38 of the Act. 2.3 All relevant persons are required to send details of their relevant turnover for by 15 September 2003 to: Christina Spyrelli, 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 139 of the Act or criminal prosecution under section 144 of the Act. Relevant persons in serious and repeated contravention of the requirements in this demand could face a direction, under section 140 of the Act suspending their entitlement to provide electronic communication networks or electronic communication services or make associated facilities available. N Buckley, Policy Project Manager, (a person authorised under paragraph 8 of Schedule 1 to the Telecommuncations Act 1984).