# The Telecommunications (Open Network Provision and Leased Lines) Regulations 1997, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations implement Council Directives 90/387/EEC (on the establishment of the internal market for telecommunication services through the implementation of open network provision) and 92/44/EEC (on the application of open network provision to leased lines) as amended in each case by Directive 97/51/EC of the European Parliament and of the Council for the purpose of adaptation to a competitive environment in telecommunications (“the Amending Directive”).
Regulation 3 of these Regulations implements Article 5(2) of Council Directive 90/387/EEC as substituted by the Amending Directive which provides for the encouragement of the use of certain standards and specifications for the provision of technical interfaces and network functions.
Regulation 5(1) of these Regulations modifies the licences granted under section 7 of the Telecommunications Act 1984 to which section 8 of that Act applies (including the licences referred to in regulation 5(2)) to insert appropriate new conditions implementing Council Directive 92/44/EEC as amended by the Amending Directive. These Conditions are referred to as the “Leased Lines Directive Conditions” and are set out in Schedule 1 to the Regulations. Regulation 5(2) modifies the licences granted under section 7 of the Telecommunications Act 1984 to British Telecommunications plc (“BT”), Kingston-upon-Hull City Council and Kingston Communications (Hull) PLC and Mercury Communications Limited by the deletion (with appropriate savings and a consequential modification) of the conditions inserted or substituted by the Telecommunications (Leased Lines) Regulations 1993 (S.I. 1993/2330) (“the Principal Regulations”) which implemented Council Directive 92/44/EEC.
Regulations 6 and 7 give duties and powers to the Secretary of State and the Director General of Telecommunications (“the Director”) in relation to the application of the Leased Lines Directive Conditions and in particular specify that those Conditions shall only apply to organisations having significant market power in specified markets unless there are no such organisations in those markets. Regulation 8 give duties and powers to the Director in relation to the determination by him of significant market power for this purpose.
Regulations 9 to 13 give further appropriate powers and duties to the Secretary of State and the Director as the national regulatory authorities for the purposes of Council Directive 92/44/EEC as amended by the Amending Directive.
The Principal Regulations and the Telecommunications (Leased Lines) (Amendment) Regulations 1994 (S.I. 1994/2251) are revoked.
The licences modified by regulation 5 may be inspected at, and copies of the modifications to the BT licence and of the other licences obtained from, the Library of the Office of Telecommunications (OFTEL), 50 Ludgate Hill, London EC4M 7JJ. The BT licence (fourth edition November 1995) is published by HMSO price £19.95.

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Source: https://www.legislation.gov.uk/uksi/1997/2932/note (the official version)
Page: https://openlegislation.uk/telecommunications-open-network-provision-and-leased-lines-regulations-1997/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.