Peter Davies

1
Peter Davies

• Licensing Adviser
• OFTEL

2
Electronic communications code

• Replaces the telecommunications code
• Extends to all electronic communications
  providers
• Additional category of conduit providers

3
Administration of the new code

• Existing DTI functions will transfer to Ofcom
• Ofcom will inherit those powers which the
  Director now exercises
• DTI will retain the power to make regulations to
  which the new code will be subject

4
Who can apply for the code

• Any ECN providing services to the public
• No longer linked to a licence
• Granted by a direction by Ofcom
• Following a written application
• Requires a public consultation.

5
Administrative charges

• Costs of the code linked to individual licences
  previously
• Power to charge for the code.
• Only to cover administrative costs
• No scarce resource value allowed in the Bill
  although permitted by the Directives

6
Limitations and restrictions

• Can be limited geographically
• Will be subject to conditions in the form of
  regulations made by statutory instrument
• Subject to other regulations
• However, these must not be duplicated in code
  regulations

7
Existing operators

• Will be deemed to be the subject to a direction
  by Ofcom
• Will be subject to the general regulations which
  replace shed 4
• Ofcom can impose fines
• Can be suspended in the event of persistent
  breaches

8
When considering granting the code, Ofcom must
consider

• Benefit to the Public
• Practicability of constructing the network
  without the code
• Need to encourage the sharing of infrastructure
• Ability to provide funds for liabilities
• Applicants conduct

9
Funds for liabilities

• Oftel consulted twice previously on a revised
  scheme for providing funds
• Changes will be implemented by the regulations
• Any existing arrangements will be saved and
  continue until replaced

10
Conduit providers

• New type of code grant created by the
  Communications Bill
• Conduit providers not operating networks, but
  providing infrastructure for operators
• May need separate policy and
• May need separate regulation

11
Consultation

• Oftel is about to consult on a policy for
  granting the new code
• DTI is about to consult on
• the regulations
• May need to be a separate consultation on the
  conduit providers