# The Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities Operator Licences) Regulations 1999 S.I. 1999/2451 · made 3 September 1999 · revised to 27 September 1999 These Regulations amend the telecommunications licences granted to the licensees specified in Schedules 1 and 2 for the provision of fixed voice telephony and international facilities services. The Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (S.I.1999/2450) replace the Schedules to the licences. The amendments are being made to these licences as part of the implementation in the United Kingdom of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications (O.J. No. L199, 26.7.97, p.32), which requires that conditions in all telecommunications licences of a similar type should be harmonised, except where objectively justified in particular instances. PDFs: Printed copy https://openlegislation.uk/telecommunications-licence-modification-fixed-voice-telephony-and-international-facilities-operator-licences-regulations-1999/pdf/uksi_19992451_en.pdf ## Introductory text TELECOMMUNICATIONS Made 3rd September 1999 Laid before Parliament 6th September 1999 Coming into force 27th September 1999 The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in respect of measures relating to telecommunications, in the exercise of the powers conferred on him by that section, hereby makes the following Regulations:— ## 1 Citation and commencement These Regulations may be cited as the Telecommunications (Licence Modification) (Fixed Voice Telephony and International Facilities Operator Licences) Regulations 1999 and shall come into force on 27th September 1999. ## 2 Interpretation In these Regulations— “the 1984 Act" means the Telecommunications Act 1984 ; “the former licences" means the relevant licences in the form they were in immediately before the coming into force of these Regulations; “the Kingston Communications (Hull) PLC licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Kingston Communications (Hull) PLC on 24 March 1999; “the Mercury Communications licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury Communications Limited on 5 November 1984; “the modified licences" means the relevant licences as amended by these Regulations; “the relevant licences" means the relevant fixed voice telephony licences and the relevant international facilities operator licences; “the relevant fixed voice telephony licences" means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 1 hereto on the date specified against each person in column 2 thereof; “the relevant international facilities operator licences" means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Parts A and B of Schedule 2 hereto on the date specified against each person in column 2 thereof; “the revoked licences" means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the date specified against each person in column 2 thereof; “the standard Schedules" means the Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 ; and “the Videotron City and Westminster licence" means the licence granted by the Secretary of State under section 7 of the 1984 Act to Videotron City and Westminster Limited on 3 March 1994. ## 3 Modification of the relevant licences The relevant licences are hereby modified as follows:— (a) for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 3 hereto; (b) in paragraph 1, (i) for the words “telecommunication systems of every description" there shall be substituted the words “ telecommunication systems specified in Annex A ”; (ii) in the case of the Videotron City and Westminster licence, for the words “Annex A" there shall be substituted the words “ Annex B ”; (c) for the words “shall be of six months’ duration" to the end (i) in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, in paragraph 2 thereof, and (ii) in the case of the relevant international facility operator licences specified in Part B of that Schedule and in the case of the Kingston Communications (Hull) PLC licence, in paragraph 3 thereof, there shall be substituted the words “ shall be of twenty five years’ duration in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years’ notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of this Licence. ”; (d) in the case of the Kingston Communications (Hull) PLC licence, in paragraph 5 for the words “Annex A" there shall be substituted the words “ Annex B ”; (e) in the case of the relevant international facility operator licences specified in Part A of Schedule 2 hereto, for paragraph 6 there shall be substituted the following paragraph— “ 6 Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.;” (f) in the case of the relevant fixed voice telephony licences, other than the Mercury Communications licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for paragraph 7 there shall be substituted as paragraph 7 the paragraph set out in sub-paragraph (e) above; (g) in case of the Mercury Communications licence, after paragraph 3 there shall be added the following paragraphs— “Interpretation 4 The Interpretation Act 1978 shall apply for the purpose of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the meaning it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded. 5 In this Licence, “Licence" means a licence granted or having effect as if granted under section 7 of the Act. 6 For the purposes of this Licence the “Applicable Systems" means any or all of the telecommunication systems run by the Licensee under this Licence, unless the context otherwise requires. 7 Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless a contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates. 8 Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.;” (h) for Schedule 1 there shall be substituted Schedule 1 of the standard Schedules, (i) for Schedule 2 there shall be substituted Schedule 2 of the standard Schedules; (j) for Schedule 3 there shall be substituted Schedule 3 of the standard Schedules; (k) in the case of the relevant fixed voice telephony licences and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, for Schedule 4 there shall be substituted Schedule 4 of the standard Schedules; (l) in the case of (aa) the relevant international facilities operator licences specified in Part A of Schedule 2 hereto, after Schedule 3 thereof; and (bb) the relevant fixed voice telephony licences, other than the Kingston Communications (Hull) PLC licence, the Mercury Communications licence and the Videotron City and Westminster licence, and the relevant international facilities operator licences specified in Part B of Schedule 2 hereto, after Schedule 4 thereof, there shall be added Annex A as set out in Schedule 4 hereto; (m) in the case of the Mercury Communications licence for Annex A there shall be substituted Annex A as set out in Schedule 4 hereto; and (n) in the case of the Kingston Communications (Hull) PLC licence and the Videotron City and Westminster licence Annex A shall be re-numbered Annex B and there shall be inserted Annex A as set out in Schedule 4 hereto. ## 4 Transitional provisions (1) So far as anything done or treated as done under or for the purposes of any provision of the former licences or the revoked licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences or the revoked licences, as the case may be, shall be treated for all purposes as made and having effect under the corresponding provision. (2) Where any period of time specified in a provision of the former licences or the revoked licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time (a) ran from the date or event from which it was running immediately before the coming into force of these Regulations, and (b) expired whenever it would have expired if the former licences or the revoked licences had not been modified or revoked, as the case may be; and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences or the revoked licences, as the case may be. ## 5 Revocation of licences The licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 5 hereto on the dates specified against each person in column 2 thereof are revoked. ## Signature Patricia Hewitt, Minister of State for Small Business and E. Commerce, Department of Trade and Industry 3rd September 1999 ## Schedule 1 Column 1 Column 2 ACC Long Distance UK Limited 21.04.1997 Advanced Radio Telecom Limited 21.04.1997 AT & T Communications (UK) Ltd 20.12.1994 Atlantic Telecommunications Limited 30.12.1997 COLT Telecommunications 09.06.1995 Comple Tel UK Limited 11.01.1999 Core Telecommunications Limited 25.06.1999 Eastern Group Telecoms Limited 24.07.1996 Energis Communications Limited 24.05.1993 Enitel ASA 25.06.1999 Esprit Telecom UK Limited 30.12.1997 Faultbasic Limited 15.01.1999 General Telecommunications Limited 11.08.1997 Highway One Corporation Limited 25.09.1997 Inter Digital Networks Limited 01.06.1999 International Computers Limited 22.06.1998 Internet Network Services Limited 25.09.1997 Kingston Communications (Hull) PLC 24.03.1999 Level 3 Communications Limited 28.10.1998 Mercury Communications Limited 05.12.1991 MFS Communications Limited 24.09.1993 MLL Telecom Limited 22.06.1998 National Transcommunications Limited 14.02.1996 NORWEB PLC 03.03.1994 Racal Network Services Limited 02.09.1994 RadioTel Systems Limited 28.04.1997 Rateflame Limited 01.06.1999 Scottish Hydro-Electric PLC 24.05.1993 Scottish Power Telecommunications Limited 24.09.1993 Sprint Holding (UK) Limited 31.03.1994 SWEB Telecoms Limited 15.09.1995 Tele2 (UK) Limited (formerly known as Liberty Communications Limited) 23.02.1995 Telia UK Ltd 08.03.1999 Telstra (UK) Limited 31.03.1994 Torch Communications Limited 08.02.1996 Videotron City and Westminster Limited 03.03.1994 Winstar Communications Limited 25.06.1999 ## A Column 1 Column 2 ABS Telecom PLC (formerly known as Advanced Business Services Ltd) 18 .12.1996 Alpha Telecom Limited 13.10.1998 American Telemedia Limited 28.04.1997 AT & T—Unisource Communications Services (UK) Limited 15.06.1999 Axxon Telecom Limited 09.12.1998 Belgacom UK Limited 13.10.1998 BSI ACCESS UK Limited 15.06.1999 Call-Net (UK) Limited 13.10.1998 Carrier One Ltd 08.03.1999 Cherry Communications UK Limited 05.06.1997 City Telecom (HK) Limited 09.12.1998 Communicorp (UK) Ltd 18.12.1996 Cyberlight Europe PLC 13.10.1998 Data Marine Systems Limited 05.08.1998 DirectNet Telecommunications UK Limited 27.04.1998 Drive Memory Limited 15.01.1999 Esat Telecommunications (UK) Ltd 05.02.1997 Eurotunnel Telecommunications Limited 05.08.1998 FaciliCom International (UK) Ltd 18.12.1996 First Telecom PLC 21.04.1997 Frontel Communications Limited 14.10.1997 GC Global Communications Limited 28.06.1999 GN Great Northern Gateway Limited A/S 27.04.1998 Ibercom Limited 05.08.1998 IBSC Limited 15.06.1999 ICO Services Limited 17.03.1999 IDT Global Limited 14.10.1997 IFC Global (UK) Limited 08.03.1999 INCOM (UK) Ltd 18.12.1996 International Optical Network Limited 09.12.1998 International Telecom PLC 05.08.1998 International Telecommunications Group Inc. 15.06.1998 Interoute Networks Ltd 18.12.1996 ITG (UK) Ltd 18.12.1996 IXNET UK Limited 18.12.1996 Japan Telecom UK Limited 09.12.1998 Jersey Telecoms 09.12.1998 LCI Telecom UK Limited 30.12.1997 LDI Communications Ltd 18.12.1996 Net.Net Ltd 18.12.1996 Netkonect Communications Limited 01.06.1999 NETs Limited 05.08.1998 North American Gateway Limited 30.12.1997 NTT Europe Limited 13.10.1998 o.tel.o communications Limited 27.04.1998 Pacific Gateway Exchange (UK) Ltd 18.12.1996 Pantheon Telecom (UK) Limited 11.06.1999 PLDncompass Limited 08.03.1999 PrimeTEC (UK) Limited 30.12.1997 Primus Telecommunications Ltd 18.12.1996 PSINet Telecom UK Limited 27.04.1998 PT-1 Communications UK Limited 05.08.1998 Qwest Communications International Limited 15.06.1998 Singtel (Europe) Limited 27.04.1998 Skylight Holdings Inc. 25.09.1997 Sonic Telecommunications International Limited 30.12.1997 Spacetel International Ltd 18.12.1996 Star Europe Ltd 18.12.1996 StarGlobal Ltd 01.06.1999 Startec Global Communications UK Limited (formerly known as Startec Telecom Limited) 27.04.1998 Stentor Communications Limited 27.04.1998 Swisscom (UK) Limited 08.03.1999 Tele 2 Communications Services Limited 08.03.1999 Tele 2 Sweden Limited 01.06.1999 Tele Danmark A/S 27.04.1998 Telecom One Limited 05.08.1998 Telegroup UK Limited 30.12.1997 Teleport (Northern Ireland) Limited 14.10.1997 Teleport UK Limited (trading as Satellite Media Services) 15.01.1999 TGC UK Limited 30.12.1997 The JNT Association 05.08.1998 The Phone Company 04.09.1997 TotalTel International Inc. 28.04.1997 Transline Communications Limited 27.04.1998 USA Global Link (UK) Limited 08.03.1999 VIA Net Works UK Ltd 25.06.1999 Witley Communications Limited 15.06.1998 World-Link Inc. 15.06.1999 Worldport Communications Limited 05.08.1998 WorldxChange Communications Limited 21.04.1997 WXNET Limited 15.01.1999 ## B Column 1 Column 2 AXS Telecom UK Limited 25.09.1997 Cignal Global Communications UK Limited 06.08.1998 Concert Communications Company 18.12.1996 Convergence Ventures Ltd 18.12.1996 East-West Telecom Limited (formerly known as MTU Inform Europe Limited) 17.03.1999 Easynet Group PLC 01.06.1999 EGN BV 15.06.1998 Farland Services UK Limited 17.03.1999 Flag Telecom Ireland Limited 08.07.1999 Flute Limited 09.12.1998 GC Pan European Crossing UK Limited 17.03.1999 Global One Communications Ltd 18.12.1996 GTS Business Services (UK) Limited 15.01.1999 GT UK Limited 25.09.1997 Hermes Europe Railtel BV 18.12.1996 Iaxis Limited 25.06.1999 Izenkom Limited 25.09.1997 KDD Europe Limited 04.09.1997 KPN Telecom UK Limited 05.08.1998 MCI Telecommunications Ltd 18.12.1996 NorSea Com A/S 06.08.1998 Racal Telecommunications Ltd 18.12.1996 Rocom Network Services Limited (formerly known as TeleBermuda International (UK) Ltd) 18.12.1996 RSL Communications Ltd 18.12.1996 Storm Telecommunications Limited 06.08.1998 Telecom Ireland Limited 30.12.1997 Telecom New Zealand (UK) Licences Limited 01.06.1999 Teleglobe International (UK) Ltd 18.12.1996 Teleport London International Limited 15.06.1998 TMI TeleMedia International Ltd 18.12.1996 TNI (Telecom) Limited 11.06.1999 Unisource Carrier Services UK Limited (formerly known as Unisource Holding (UK) Ltd) 18.12.1996 VersaTel Telecom BV 15.06.1998 Viatel UK Limited 15.06.1998 Worldcom International Inc. (formerly known as MFS Communications Limited) 18.12.1996 Zereau Limited 13.10.1998 ## Schedule 3 TABLE OF CONTENTS ## Schedule 4: THE APPLICABLE SYSTEMS ## 1 The Applicable Systems are telecommunication systems of every description within the United Kingdom provided that a system (“the System") is an Applicable System only to the extent that it satisfies each of the following conditions: (a) the System is one by means of which Messages are conveyed or are to be conveyed: (i) from one Network Termination Point to another such Point; (ii) from a Network Termination Point to another place which is neither a Network Termination Point nor a Call Office or from such a place to such a Point; (iii) between a place which is neither a Network Termination Point nor a Call Office and another such place where their conveyance is not by way of provision of a service to another person; or (iv) between a Call Office and any other place; but in any case not beyond a Network Termination Point; (b) none of the apparatus comprised in the System is Relevant Terminal Apparatus installed on premises occupied by a person to whom there are provided telecommunication services by means of the System. ## 2 In this Annex: “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); “Approved Apparatus" means apparatus approved under section 22 of the Act for connection to that system or which is Compliant Terminal Equipment; “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; “Compliant Terminal Equipment" means Applicable Terminal Equipment which satisfies the requirements of regulation 8 of the Telecommunications Terminal Equipment Regulations 1992; “Message" means anything falling within paragraphs (a) to (d) of section 4(1) of the Act; “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; “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: (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); “Network Termination Point" means any point: (i)within an item of Network Connecting Apparatus at which energy in any of the forms specified in section 4(1) of the Act is conveyed directly to or from apparatus comprised in a telecommunication system other than one in which that Network Connecting Apparatus is comprised; or (ii)within an item of Network Termination and Testing Apparatus at which such energy is conveyed directly to any Relevant Terminal Apparatus; (iii)which, in the case of a radio based telecommunication system, is the last point at which Messages are transmitted, or the first point at which Messages are received in the form of electromagnetic signals, by apparatus run by a person other than the Licensee and lawfully connected to that System; “Relevant Terminal Apparatus" means: (i)“Terminal Apparatus", that is to say any telecommunication apparatus installed on Served Premises except a Call Office; and (ii)any other telecommunication apparatus connected to the apparatus referred to in sub-paragraph (i) above constituting a system run under a Licence by the person using that Terminal Apparatus; and “Served Premises" means a single set of premises in single occupation where apparatus has been installed for the purpose of the provision of telecommunication services by means of the Applicable Systems at those premises. ## Schedule 5 LICENCES REVOKED Column 1 Column 2 ACC Long Distance UK Ltd 18.12.1996 AT&T Communications (UK) Ltd 18.12.1996 Atlantic Telecommunications Limited 29.06.1995 Atlantic Telecommunications Limited 06.06.1997 Colt Telecommunications 18.12.1996 Energis Communications Ltd 18.12.1996 Esprit Telecom UK Ltd 18.12.1996 Eurobell (Holdings) PLC 25.09.1997 Internet Network Services Limited 15.06.1998 Ionica L3 Limited 09.02.1993 Level 3 Communications Limited 13.10.1998 National Transcommunications Limited 20.01.1997 Scottish Power Telecommunications Ltd 18.12.1996 TeleWest Communications PLC 18.12.1996 Telia UK Ltd 18.12.1996 Telstra (UK) Limited 05.02.1997 Torch Communications Ltd 18.12.1996 Vodafone Ltd 18.12.1996 ## Explanatory note (This note is not part of the Regulations) These Regulations amend the telecommunications licences granted to the licensees specified in Schedules 1 and 2 for the provision of fixed voice telephony and international facilities services. The Schedules to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (S.I.1999/2450) replace the Schedules to the licences. The amendments are being made to these licences as part of the implementation in the United Kingdom of Directive 97/13/EC of the European Parliament and of the Council on a common framework for general authorisations and individual licences in the field of telecommunications (O.J. No. L199, 26.7.97, p.32), which requires that conditions in all telecommunications licences of a similar type should be harmonised, except where objectively justified in particular instances. 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. The licences modified by these Regulations may be inspected at the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ. --- Source: https://www.legislation.gov.uk/uksi/1999/2451 (the official version) Page: https://openlegislation.uk/telecommunications-licence-modification-fixed-voice-telephony-and-international-facilities-operator-licences-regulations-1999 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.