Telecommunications
Oftel
NOTICE OF A NOTIFICATION UNDER SECTIONS 48(1) AND 120(5) OF THE COMMUNICATIONS ACT 2003 BY THE DIRECTOR GENERAL OF TELECOMMUNICATIONS ON THE SETTING OF A CONDITION FOR THE PURPOSE OF REGULATING THE PROVISION, CONTENT, PROMOTION AND MARKETING OF PREMIUM RATE SERVICES
1. The Director General of Telecommunications (the “Director”), in anticipation of
sections 3 and 120 to 124 of the Communications Act 2003 (the “Act”) coming into force
on 29 December 2003 by virtue of the Office of Communications Act 2002 (Commencement
Order No 3) and Communications Act 2003 (Commencement Order No 2) Order 2003, SI 2003
No 3142 (C125) and his powers under section 13 of the Interpretation Act 1978, has
today published a notification under sections 48(1) and 120(5) of the Act. The effect
of the notification is to set a condition which binds each and every person falling
within the definition of Communications Provider as set out in the condition for the
purpose of regulating the provision, content, promotion and marketing of premium rate
services, to take effect from and including 29 December 2003.
2. In publishing the notification, the Director has considered every representation
made to him in respect of his proposal set out in the first notification and the accompanying
consultation document published on 12 June 2003. In addition, the Secretary of State
has not notified the Director of any international obligation of the United Kingdom
for this purpose.
3. For the reasons set out in Chapter 1 of the statement accompanying the notification,
the Director is satisfied that, in accordance with section 47(2) of the Act (which
provision applies to the Director’s above-mentioned proposal set out in the first
notification by virtue of section 120(5) of the Act), the condition set out in the
Schedule to the notification is:
(i) objectively justifiable in relation to the networks, services, facilities, apparatus
or directories to which it relates;
(ii) not such as to discriminate unduly against particular persons or against a particular
description of persons;
(iii) proportionate to what the condition is intended to achieve; and
(iv) in relation to what it is intended to achieve, transparent.
4. For the reasons set out in Chapter 1 of the statement accompanying the notification,
the Director is satisfied that he has acted in accordance with his general duties
set out in section 3 of the Act.
5. A copy of the notification has been sent to the Secretary of State in accordance
with section 120(6) of the Act.
6. The text of the notification and accompanying statement is available on Ofcom’s
website (www.ofcom.org.uk) and will be made available on request. Please contact Gavin
Daykin on 020-7981 3859 or by e-mail at gavin.daykin@ofcom.org.uk.
N Buckley, Policy Project Manager, a person authorised under paragraph 8 of Schedule 1 to the
Telecommunications Act 1984.
23 December 2003.