OpenLegislation

Explanatory note

(This note is not part of the Regulations)

The provisions of the Regulations listed in the Schedule to these Regulations (all made under section 2(2) of the European Communities Act 1972) each modified telecommunications licences granted under section 7 of the Telecommunications Act 1984. These Regulations provide that these modifications have effect notwithstanding the procedure for modifying licences contained in sections 12 to 15 of the Telecommunications Act 1984. The telecommunications licences were modified by the provisions specified in the Schedule to these Regulations as part of the implementation in the United Kingdom of the following Directives—

(a)

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. L117, 7·5 97, p.15), which requires that conditions in all telecommunications licences of a similar type should be harmonised, except where objectively justified in particular instances. This Directive was implemented by the Regulations specified in the Schedule to these Regulations other than the Telecommunications (Interconnection) (Carrier Pre-selection) Regulations 1999, the Telecommunications (Interconnection) (Number Portability, etc.) Regulations 1999, the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 and the Telecommunications (Services for Disabled Persons) Regulations 2000;

(b)

Article 8 of Directive 98/10/EC of the European Parliament and of the Council on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment (O.J. No. L101, 26.2.98, p.24), which was implemented by the Telecommunications (Services for Disabled Persons) Regulations 2000;

(c)

Directive 98/61/EC of the European Parliament and of the Council with regard to operator number portability and carrier pre-selection (O.J. No. L268, 3.10.98, p.37). This Directive was implemented by the telecommunications (Carrier Pre-selection) Regulations 1999 and the Telecommunications (Interconnection) (Number Portability, etc.) Regulations 1999; and

(d)

Directive 99/5/EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (O.J. No. L91, 7.4.99, p.10), which was implemented by the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000.