# The Telecommunications (Open Network Provision) (Voice Telephony) Regulations 1998, Regulation 26: Special network access


(1) In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that operators having significant market power in the provision of fixed public telephone systems:
(a) deal with reasonable requests from organisations providing telecommunications services, including systemless service providers, for access to a fixed public telephone system at network termination points other than the commonly provided network termination points referred to in Part 1 of Schedule II;
(b) do not take a final decision to restrict or deny access in response to a request made under paragraph (a) above until the organisation making such a request has had an opportunity to put its case to the Director;
(c) where a request for access under paragraph (a) is refused, provide to the organisation making the request a prompt and fully reasoned explanation for the refusal;
(d) impose only charges for the special network access provided which follow the principles of cost orientation set out in Schedule IV;
(e) adhere to the principle of non-discrimination when they make use of a fixed public telephone system and, in particular, use any form of special network access, for providing publicly available telecommunications services, and apply similar conditions in similar circumstances to organisations providing similar services and shall provide special network access facilities and information to others under the same conditions and of the same quality as they provide for their own services or those of their subsidiaries or partners; and
(f) make available to the Director on request details of agreements of special network access.
(2) The Director may by determination, agree to limit the obligation in paragraph (1)(a) above in a particular case where, in his opinion:
(a) there are technically and commercially viable alternatives to the special network access requested; and
(b) the requested access is inappropriate in relation to the resources available to meet the request.
(3) The Director may on his own initiative at any time, where justified, and shall do so on the request of either party, make a direction specifying conditions to be included in an agreement for the provision of special network access in order to ensure effective competition or interoperability or both. Any conditions so specified shall be non-discriminatory, fair and reasonable for both parties and offer the greatest benefit to all users.
(4) The Director may, in the interest of all users, make a direction specifying:
(a) conditions to be included in agreements which
(i) are non-discriminatory, fair and reasonable; and
(ii) conform with relevant standards, compliance with essential requirements or the maintenance of end-to-end quality or both; and
(b) that any agreements be entered into and fulfilled in an efficient and timely manner.
(5) The Director shall publish or shall ensure the publication in accordance with regulation 17(4) above of any conditions which he has specified in accordance with paragraph (4) above.
(6) Subject to his rights and obligations under section 101 of the Act, the Director shall keep confidential those parts of agreements made available to him in accordance with paragraph (1)(f) above which deal with the commercial strategy of the parties.

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Source: https://www.legislation.gov.uk/uksi/1998/1580/regulation/26 (the official version)
Page: https://openlegislation.uk/telecommunications-open-network-provision-voice-telephony-regulations-1998/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.