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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.