1 implementation of the ec communications directives on networks and services martin brebner...
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Implementation of the EC Communications Directives on
Networks and Services
Martin Brebner
Department of Trade & Industry
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Implementation of the EC Communications Directives on Networks and Services:
Plan A• Communications Bill remains on target to be
passed before 25th July 2003;• Bill has cleared Report in the Lords;• 3rd Reading in the Lords likely to be 8th July;• Then Commons Consideration of Lords
Amendments and ping pong; (may need to deal with
Government defeats in the Lords).• Royal Assent before 25th July still feasible.
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Implementation of the EC Communications Directives on Networks and Services:
Orders/Regulations to be made by SoS:• Universal Service order (clause 62);• Regulations on restrictions and conditions to which Code
is applied (clause 106).
Both to take effect from 25 July
• Telephone numbering order (clause 53);• Calculation of turnover for penalties order (clause 74);Both need “affirmative” resolution of Parliament
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Implementation of the EC Communications Directives on Networks and Services:
• Draft instruments have been revised in the light of the consultations;
• Response documents are being published;• Revised drafts are being published;• Universal Service Order and Code Regulations
and First Commencement Order will be made day after Royal Assent;
• We will inform all interests on our list of the making of the Instruments.
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Implementation of the EC Communications Directives on Networks and Services:
• General Conditions etc will be set by Oftel.
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Implementation of the EC Communications Directives on Networks and Services:
• OFCOM will not be in position to assume responsibilities on 25th July – we will use clause 401 to empower Oftel and the SoS to act as National Regulatory Authority for transitional period.
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Implementation of the EC Communications Directives on Networks and Services:
Interim Implementation (Plan B)• Regulations made under European Communities
Act 1972 to enable UK to fulfil its Community obligations (as set out in the four Communications Directives) – mirroring the Bill as much as possible;
• Regulations will include substance of the orders etc that would need to made under the Act.
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Implementation of the EC Communications Directives on Networks and Services:
Five Interim Regulations:
• General Conditions;
• Networks and Services;
• Electronic Communications Code;
• Spectrum Use;
• Disputes and Appeals.
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Implementation of the EC Communications Directives on Networks and Services:
• Regulations follow the text of the Bill as far as possible;
• Differences were summarised in the Consultation Document, eg SMP apparatus, persistent misuse, PRS.
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Implementation of the EC Communications Directives on Networks and Services:
• Documents have been revised following the consultation launched in March;
• Response documents and revised drafts are being published on website: www.communicationsbill.gov.uk;
• Interested parties on our list are being notified;• Regulations will made on or around 17th July if
Bill has not received Royal Assent (interested parties will be notified).
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Implementation of the EC Communications Directives on Networks and Services:
• Bill would need to be modified to take account of the Regulations, (a new clause to give SoS power to do this is being proposed at Third Reading);
• The Regulations would be repealed when Bill (and full implementation) brought into force.
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Implementation of the EC Communications Directives on Networks and Services:
• Government keen to implement the Directives via Plan A – the Bill;
• Hope there will be no need to use Plan B, and the two-stage move to the new regime;
• Which approach used will depend on events in Parliament in the next couple of weeks;
• We will do what we can to ensure interested parties know what is happening to ensure smooth implementation of the Directives on 25th July.