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Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Telecommunications (Interconnection) Regulations 1997 and the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 in respect of the carrier pre-selection conditions contained in the licences granted under section 7 of the Telecommunications Act 1984 for the running of public telecommunications system.

These Regulations implement the carrier pre-selection provisions of Directive 98/61/EC of the European Parliament and the Council with regard to operator number portability and carrier pre-selection (O.J. No L268 3.10.98 p. 37) amending Directive 97/33/EC of the European Parliament and the Council with regard to operator number portability and carrier pre-selection (O.J. No L199 26.07.97 p. 32).

Part I of the Regulations contains general provisions. In particular, regulation 2 relates to the interpretation of the Regulations and defines “the principal Regulations" as being the Telecommunications (Interconnection) Regulations 1997 and the “Standard Schedules Regulations" as being the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999.

Part II relates to amendments to the principal Regulations. Regulation 3 modifies the principal Regulations by placing an obligation on the Secretary of State and the Director General to ensure, in exercising their functions under the Telecommunications Act 1984 (particularly concerning licensing), that the provisions of the Directive concerning CPS are complied with. Regulation 4 modifies all fixed PTO licences to include the CPS condition set out in the Schedule to these Regulations, which is inserted in the Standard Schedules Regulations in the appropriate place.

A deferment was granted by the Commission of the European Communities on 22nd December 1999 in accordance with Article 1(4) of Directive 98/61/EC in respect of British Telecommunications PLC, deferring compliance with the requirements of the CPS provisions of the Directive until 1st April 2000.

A regulatory impact assessment is available and can be obtained from Communications and Information Industries Directorate, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1W 9SS. Copies have been placed in the libraries of both Houses of Parliament.