Contingency arrangements - implementation by interim regulations

1
Contingency arrangements - implementation by
interim regulations

• Michael Knowles
• New EU Directives Implementation Team

2
Current progress of the Comms Bill

• Remains Govts intention to implement via the
  Comms Bill - preferred option
• 2/12/02 - 2nd reading
• 10/12/02 - Start committee stage
• However, timetable to 25/7/03 tight

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Why a contingency plan

• Unacceptable effects if fail to implement by
  25/7/03
• Irresponsible for Govt not to have a contingency
  plan
• Therefore, preparation of interim regulations
  made under the European Communities Act
• Final decision which route June

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Content of interim regulations

• Interim regime where possible will follow the
  Comms Bill
• However, rule against sub-delegation for
  secondary legislation.
• Regs cannot give Oftel power to make legislative
  rules that apply generally
• Will not be able to alter technical documents
  during period of Regs

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Likely interim regulations

• To cover relevant parts of Comms
• Bill which relate to the Directives
• Networks and Services
• General Conditions
• Spectrum
• Disputes and Appeals
• Communications Code

6
Consultation

• Keen to give interested parties the opportunity
  to see comment on the proposed contingency plan
• Consultation start end Jan
• 3 months
• One condoc to cover 5 regulations

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Consultation on technical documents

• Will not be able to alter unless
• further regulations. Therefore also
• consultation at the same time on
• Numbering Plan
• Metering and Billing Scheme
• Number Portability Functional Spec
• ICSTIS code of practice

8
Conclusions

• Comms Bill preferred route
• DTI prioritising efforts commencement of Act
  before 25/7
• Hope interim regime will not be needed
• But necessary contingency if delays in the Bill

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Questions?