- Statutory Instrument 1999 No. 2450
The Telecommunications (Licence Modification)(Standard Schedules) Regulations 1999
© Crown Copyright 1999
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| Made | 3rd September 1999 | ||
| Laid before Parliament | 6th September 1999 | ||
| Coming into force | 27th September 1999 |
The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in respect of measures relating to telecommunications, in the exercise of the powers conferred on him by that section, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 and shall come into force on 27th September 1999.
Effect of Schedules
2. References to "the standard Schedules" in licences granted by the Secretary of State under section 7 of the Telecommunications Act 1984 shall be references to the Schedules hereto.
Patricia Hewitt,
Minister of State for Small Business and E. Commerce, Department of Trade and Industry
3rd September 1999
1. In this Schedule unless the context otherwise requires:
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"Accounting Rate Service" means each telecommunication service to each country and territory for which a separate accounting rate has been agreed, not including Transit Services;
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"Act" shall have the meaning it has in paragraph 1 of this Licence;
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"Additional Conveyance Costs" means any costs incurred by a Donor Operator associated with resources used in:
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(i) effecting the switch-processing required to set up each ported call; and
(ii) providing the switch and transmission capacity for any part of the duration of each ported call, additional to the costs of conveyance of non-ported calls from the Applicable Systems to the Recipient Operator's system;
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"Applicable Services" means any telecommunication service which is provided by means of the Applicable Systems;
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"Applicable Systems" has the meaning given to it in paragraph 6 of this Licence;
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"Applicable Terminal Equipment" means apparatus which is applicable terminal equipment within the meaning of regulation 4 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);
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"Approval" and "Approved" mean approval and approved under section 24 of the Act;
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"Approved Apparatus" means apparatus approved under section 22 of the Act for connection to the system to which this Licence relates or which is Compliant Terminal Equipment;
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"Associated Person" means any member of the Licensee's Group or a person with a Participating Interest in a member of the Licensee's Group or in whom a member of the Licensee's Group has a Participating Interest;
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"Auditing Standards" means United Kingdom auditing standards and guidelines issued from time to time by the Auditing Practices Board or its predecessor body, the Auditing Standards Body;
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"Auditor" means the Licensee's auditor for the time being appointed in accordance with the requirements of the Companies Act 1985;
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"Authorised Overseas System" means any telecommunication system outside the United Kingdom to which the Applicable Systems are authorised to be connected under Schedule 3;
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"Billing Process" means Billing Systems and Metering Systems taken together;
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"Billing System" means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the charges to be sought for Service usage recorded by a Metering System based on published or previously negotiated pricing structures and to present these charges on customers' bills;
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"Bringing into Service" means the process of connecting by means requiring the use of a tool telecommunication apparatus (including apparatus comprised in a telecommunication system) or a telecommunication system to another telecommunication system, or the process of disconnecting by such means such apparatus or such system from another such system; and includes such testing or inspection of that apparatus or system and any other apparatus or system to which it is or is to be connected as is necessary for the purpose of ensuring that the apparatus or the system in which it is or is to be comprised, or the system, is authorised to be connected to any of the Applicable Systems;
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"Call Box" means any kiosk, booth, acoustic hood, shelter or similar structure which includes a Call Office at which apparatus is installed for the provision of voice telephony services to the public or a class of the public together with such apparatus;
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"Call Box Services" means the installation, repair and maintenance of Call Boxes, the service of conveying by means of the Applicable Systems voice telephony messages to and from such Boxes, directory information services relating to switched voice telephony services available at such Boxes and Public Emergency Call Services so available;
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"Call Office" means telecommunication apparatus not supplied by the Licensee to any particular person but made available for use by the public or a class of the public;
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"Chatline Service" means a service which consists of or includes the enabling of more than two persons ("the Participants") simultaneously to conduct a telephone conversation with one another without either:
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(i) each of them having agreed with each other; or
(ii) one or more of them having agreed with the person enabling such a telephone conversation to be conducted,
in advance of making the call enabling them to engage in the conversation, the respective identities of the other intended Participants or the telephone numbers on which they can be called. A service by which one or more additional persons who are known (by name or telephone number) to one or more of the parties conducting an established telephone conversation can be added to that conversation by means of being called by one or more such parties is not on that account a Chatline Service if it would not otherwise be regarded as such a service;
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"Code of Practice" means for the purposes of Condition 29, a code of practice prepared and disseminated by the Data Protection Commissioner (or, before the commencement of the Data Protection Act 1998 by the Data Protection Registrar) or by a trade association where, in the case of the latter, the said Commissioner (or Registrar) has notified the trade association that in his opinion the code promotes the following of good practice;
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"Compatibility" means that between the parties concerned there is no reasonably foreseeable risk of:
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(i) duplication of any Number; or
(ii) any other related effect,
which would be liable to introduce ambiguity or errors or impose undue restrictions on any user or group of users;
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"Competitive Standard Service" means a service which, unless a contrary determination by the Director applies pursuant to Condition 47.10:
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(i) a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;
(ii) the market for which has been determined by the Director to be competitive under Condition 47.10(a);
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"Compliant Terminal Equipment" means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992 (S.I. 1992/2423);
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"Condition" means a Condition in this Schedule;
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"Connectable System" means a telecommunication system which is authorised to be run under a Licence which authorises connection of that system to the Applicable Systems;
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"Connection Service" means a telecommunication service consisting in the conveyance of any Message which has been, or is to be, conveyed by means of the Applicable Systems;
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"Consumer" means, for the purposes of Conditions 7 and 14 and Part D of this Licence, any natural person who uses a Publicly Available Telephone Service for purposes which are outside his trade, business or profession;
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"Controlled Service" means:
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(i) a Chatline Service; or
(ii) a Live Conversation Message Service;
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"Conventions" has the meaning given to it in Condition 26.5;
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"Customer Interface" means the Technical Characteristics of each Interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Network Services provided by means of the Applicable Systems;
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"Customer Interface Specification" means a description of a Customer Interface;
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"Directory Information" means, in the case of directories, the name, address and telephone number of the Subscriber and, in the case of a Directory Information Service, may include the telephone number only of the Subscriber or information that the telephone number of the Subscriber may not be supplied;
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"Directory Information Service" for the purpose of Conditions 2 and 29, means Directory Information provided by means of a telephone system;
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"Donor Operator" means the Licensee, where any Number allocated by the Licensee (or any third party providing telecommunication services by means of the Applicable Systems of the Licensee) is the subject of any agreement or proposed agreement under which Portability will be provided, or any Qualifying Operator where any Number allocated by the Qualifying Operator (or any third party providing telecommunication services by means of the Applicable Systems of the Qualifying Operator) is the subject of any agreement or proposed agreement under which Portability will be provided to the Recipient Operator;
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"Dwelling-House" has the same meaning as in section 202 of the Broadcasting Act 1990;
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"Emergency" means an emergency of any kind, including any circumstance whatever resulting from major accidents, natural disasters and incidents involving toxic or radio-active materials;
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"Emergency Organisation" means in respect of any locality:
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(i) the relevant public police, fire, ambulance and coastguard services for that locality; and
(ii) any other similar organisation in respect of which any public telecommunications operator licensed to operate in the locality in question is providing a Public Emergency Call Service on the day on which this Licence enters into force;
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"End-user" means for the purposes of the definition of "Network Service" any person running a telecommunication system authorised to be connected to the Applicable Systems, not being a person running a telecommunication system under a licence granted to a particular person by the Secretary of State under section 7 of the Act;
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"Essential Interface" means, in relation to a Point of Connection, an interface at which in the opinion of the Director it is essential that interoperability between the Applicable Systems and the respective Operator's telecommunication systems is available;
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"Exchange Line" means telecommunication apparatus (within the meaning of Schedule 2 to the Act) comprised in the Applicable Systems and installed for the purpose of connecting a telephone exchange run by the Licensee to a Network Termination Point comprised in Network Termination and Testing Apparatus installed by the Licensee for the purpose of providing voice telephony services at the premises at which the Network Termination and Testing Apparatus is located;
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"Fixed Public Telephone Network" means the public switched telecommunications network which supports the transfer between Network Termination Points at fixed locations of speech and 3.1 KHz bandwidth audio information, to support inter alia:
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(i) voice telephony,
(ii) facsimile Group III communications, in accordance with ITU-T Recommendations in the "T-Series", and
(iii) voice band data transmission via modems at a rate of at least 2,400 bit/s, in accordance with ITU-T Recommendations in the "V-Series",
where access to the end-user's Network Termination Point is via a number or numbers in the national numbering plan;
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"Fixed Public Telephone System" means the telecommunication systems run by a person under a licence which has been granted under section 7 of the Act whether to a particular person, persons of a class or persons generally, and which form part of the Fixed Public Telephone Network by means of which Fixed Publicly Available Telephone Services are provided;
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"Fixed Publicly Available Telephone Service" means the provision to end-users at fixed locations of a service for the originating and receiving of national and international calls, including voice telephony services, and may include, in addition, access to emergency "112" services, the provision of operator assistance, directory services, provision of public-pay telephones, provision of service under special terms or provision of special facilities for customers with disabilities or with special social needs but does not include Value Added Services provided over the Public Telephone System;
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"Functional Specification" means a document published from time to time by the Director following consultation with the Licensee and Interested Parties which specifies technical and other principles which are intended to enable the efficient implementation and utilisation of Portability;
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"Geographic Numbering Range" means a Number range from the Specified Numbering Scheme where part of the digit structure contains a geographic significance used for routing calls to the physical location of the Network Termination Point of the Subscriber to whom the Number has been assigned;
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"Geographic Portability" means Portability relating to Numbers allocated as provided for in the Conventions in accordance with the rules for the allocation of Geographic Numbering Ranges;
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"Group" means a Parent Undertaking and its subsidiary undertaking or undertakings within the meaning of section 258 of the Companies Act 1985 as substituted by section 21 of the Companies Act 1989; and "Licensee's Group" means a Group in respect of which the Licensee is either a Parent Undertaking or a subsidiary undertaking;
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"Information" (without prejudice to the generality of this term throughout the Licence), for the purposes of Condition 12 includes accounts, estimates and returns;
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"Integrated Services Digital Network" (ISDN) means a network evolved from the telephony integrated digital network that provides for end-to-end digital connectivity to support a wide range of services, including voice and non-voice services, to which users have access by a limited set of standard multi-purpose customer interfaces;
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"Interconnection" means the physical and logical linking of telecommunications systems used by the same or a different organisation in order to allow the users of one organisation to communicate with users of the same or another organisation or to access services provided by another organisation irrespective of whether services are provided by the parties involved or other parties who have access to the systems;
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"Interconnection Directive" means Directive 97/33/EC on interconnection in telecommunications with regard to ensuring universal service and interoperability through the application of the principles of open network provision (ONP);
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"Interconnection Regulations" means the Telecommunications (Interconnection) Regulations 1997 (S.I. 1997/2931);
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"Interested Parties" means those persons (if any), other than the Licensee, with whom, in any particular case, the Director is required or considers it appropriate to consult;
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"Interface" means a Customer Interface or a Network Interconnection Interface, as appropriate;
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"Interface Control" means that the Director has determined for the purposes of Condition 15 that the Licensee has sufficient influence to affect competition adversely in the manufacture of telecommunications apparatus by its ability to influence the costs and timescales which would be incurred by another Operator, or supplier of telecommunications apparatus, including a manufacturer, in adopting the Licensee's intended Interface Specification, or a comparable specification provided by another party;
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"Interface Specification" means a Customer Interface Specification, or a Network Interconnection Interface Specification, as appropriate;
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"International Business" means the provision of telecommunication services consisting in the conveyance of Messages to countries or territories outside the United Kingdom (and including, without limitation, International Simple Data Resale Services and International Simple Voice Resale Services) carried on under a Licence and includes the running of such parts of the Applicable Systems as are used for the provision of those services, and the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of such Systems and any apparatus comprised therein;
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"International Conveyance Service" means a telecommunication service other than an International Simple Data Resale Service or an International Simple Voice Resale Service, or both, which consists in the conveyance of any Message by means of the Applicable Systems which has been or is to be conveyed by means of any telecommunication system outside the United Kingdom which is one to which the Applicable Systems are authorised by Schedule 3 to this Licence to be connected;
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"International Directory Service" means the provision by means of the Applicable Systems of the telephone number, or information that the telephone number may not be supplied, of any natural or legal person located outside the United Kingdom;
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"International Simple Data Resale Services" means telecommunication services consisting in the conveyance of Messages which do not include two-way live speech, but include only such switching, processing, data storage or protocol conversion as is necessary for the conveyance of those Messages in real time, which have been or are to be conveyed by means of all of the following:
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(i) a Public Switched Network;
(ii) an International Simple Resale Bearer Circuit; and
(iii) the equivalent of a Public Switched Network in another country or territory;
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"International Simple Resale Bearer Circuit" means a communication facility which is:
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(i) comprised both in a public telecommunication system and in an equivalent telecommunication system in a country or territory other than the United Kingdom;
(ii) for the conveyance of Messages between:
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(A) in the case of outbound Messages, the last point of connection within the United Kingdom at which the route of the Messages is selected and the first point of connection in any country or territory other than the United Kingdom;
(B) in the case of inbound Messages, the last point of connection in any country or territory other than the United Kingdom and the first point of connection in the United Kingdom at which the route of the Messages is selected;
(iii) made available to a particular Service Provider;
(iv) such that all of the Messages transmitted at any of the points mentioned in sub-paragraph (ii) above are received at every other such point;
(v) such that all the points mentioned in sub-paragraph (ii) above are points of connection between telecommunication systems referred to in sub-paragraph (i) above and other telecommunication systems; and
(vi) such that all the points mentioned in sub-paragraph (ii) above are fixed by the way in which the facility is installed and cannot otherwise be selected by persons or telecommunication apparatus sending Messages by means of that facility; but
(vii) excluding from the extent of the facility any Private Leased Circuit installed between the particular Service Provider and any other person in the United Kingdom;
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"International Simple Resale Service" means a telecommunication service consisting in an International Simple Data Resale Service, or an International Simple Voice Resale Service, or both;
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"International Simple Voice Resale Services" means telecommunication services consisting in the conveyance of Messages which include two-way live speech which have been or are to be conveyed by means of all of the following:
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(i) a Public Switched Network;
(ii) an International Simple Resale Bearer Circuit; and
(iii) the equivalent of a Public Switched Network in another country or territory;
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"ITU-T" means the International Telecommunication Union;
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"Leased Lines Directive" means Council Directive 92/44/EEC on the application of open network provision to leased lines as amended by Council Directive 97/51/EC amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications;
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"Leased Lines Regulations" means the Telecommunication (Open Network Provision and Leased Lines) Regulations 1997 (S.I. 1997/2932);
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"Licence" shall have the meaning it has in paragraph 5 of this Licence;
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"Licensee's Subscriber" means any natural or legal person who or which is a party to a contract with the Licensee for the supply by means of the Applicable Systems of Publicly Available Telephone Services in the United Kingdom to that person;
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"Live Conversation Message Service" means a Message Service (other than a directory information service) which consists in the provision of live telephone conversation for any purpose, whether or not including the provision of information of any kind:
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(i) between the person providing the service (or a person acting on his behalf) and a person who obtains the service; or
(ii) between a person who has independently called the service for the purpose of conducting a telephone conversation with one other such person, and such another person,
and, for the avoidance of doubt, it does not include a service provided by a human operator of the Licensee which is incidental to the conveyance of a voice telephony message;
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"Major Office" means the Licensee's registered office and such other offices as the Director may agree from time to time;
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"Message" means anything falling within paragraphs (a) to (d) of section 4(1) of the Act;
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"Message Service" means a service which consists of, or includes, the sending of speech, music or other sounds or signals to any person who obtains access to that service by means of a Public Switched Network;
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"Meter" means any system or apparatus constructed or adapted for use in ascertaining the extent of telecommunication services provided by means of the Applicable Systems;
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"Metering System" means the totality of all apparatus, data, procedures and activities which the Licensee employs to determine the extent of any telecommunication services provided by means of the Applicable Systems;
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"Mobile Public Telephone System" means any telecommunication system run under a licence whether granted to a particular person, persons of a class or persons generally, by means of which Publicly Available Mobile Telephone Services are provided at Network Termination Points connected to telecommunication systems which are designed or adapted to be capable of being used while in motion;
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"Mobile Radio Telecommunication Service" means any telecommunication service consisting in the conveyance of Messages by means of a telecommunication system where every Message that is conveyed thereby has been, or is to be, conveyed through the agency of Wireless Telegraphy to or from a telecommunication system which is designed or adapted to be capable of being used while in motion;
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"National Numbering Conventions" has the meaning given to it in Condition 26;
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"Network Charge Change Notice" has the meaning given to it in Condition 47;
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"Network Connecting Apparatus" means telecommunication apparatus comprised in the Applicable Systems which is not Network Termination and Testing Apparatus and is connected to another telecommunication system;
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"Network Interconnection Interface" means the Technical Characteristics of each interface at any Network Termination Point within an item of Network Connecting Apparatus relating to Network Services provided by means of any of the Applicable Systems;
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"Network Interconnection Interface Specification" means a description of a Network Interconnection Interface;
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"Network Service" means any of the following:
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(i) a service consisting only of functions which enable End-users to send, receive, or both, Messages to or from one or more End-users, including functions which enable the establishment of a prior connection between such End-users;
(ii) a service which consists only of functions which could not practically be provided to any End-user in identical form by anyone other than the Licensee, because those functions are dependent upon the functions referred to in sub-paragraph (i) above;
(iii) any service which has been agreed by the Licensee and the Director;
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"Network Termination and Testing Apparatus" means an item of telecommunication apparatus comprised in the Applicable Systems installed in a fixed position on Served Premises which enables:
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(i) Approved Apparatus to be readily connected to, and disconnected from, the Applicable Systems;
(ii) the conveyance of Messages between such Apparatus and the Applicable Systems; and
(iii) the due functioning of the Applicable Systems to be tested,
but the only other functions of which, if any, are:
(A) to supply energy between such Apparatus and the Applicable Systems;
(B) to protect the safety or security of the operation of the Applicable Systems; or
(C) to enable other operations exclusively related to the running of the Applicable Systems to be performed or the due functioning of any system to which the Applicable Systems are or are to be connected to be tested (separately or together with the Applicable Systems);
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"Network Termination Point" has the meaning given in Annex A;
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"New Standard Service" means a service which, unless a contrary determination by the Director applies pursuant to Condition 47.10:
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(i) the Licensee first provides after it has been determined by the Director to be an Operator having Significant Market Power pursuant to regulation 4(1) of the Interconnection Regulations;
(ii) a Schedule 2 Public Operator has requested the Licensee to offer to enter into an agreement to provide under Condition 45;
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"Non-Geographic Portability" means Portability relating to Numbers allocated in accordance with the rules for the allocation of Numbering Ranges other than Geographic Numbering Ranges as provided for in the National Numbering Conventions but excluding Portability relating to Numbers allocated for use with Mobile Radio Telecommunication Services;
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"Notifying Licensee's Interface Specification" means any Interface Specification which has been notified by any Operator, other than the Licensee, pursuant to a condition in that Operator's Licence which is similar to Condition 15;
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"Number" means:
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(i) except for the purpose of Condition 27, any identifier which would need to be used in conjunction with any public switched telecommunication service for the purposes of establishing a connection with any Network Termination Point, user, telecommunication apparatus connected to any Public Switched Network or service element, but not including any identifier which is not accessible to the generality of users of a public switched service;
(ii) for the purpose of Condition 27, any identifier, (including any name or address) of any user, telecommunication apparatus, or telecommunication service related element;
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"Number Portability" means a facility whereby Subscribers who so request can retain their number on a Fixed Public Telephone System at a specific location independent of the organisation providing the service;
Notes:
[1] S.I. 1996/266.back
