SCHEDULE 1
Regulation 2(1)
Amendments to Communications Act 2003 and related amendments
1. Telecommunications Act 1984
In Schedule 2 to the Telecommunications Act 198412(the Telecommunications Code), after paragraph 24 insert—
“Electronic communications networks: determination of applications to install facilities
24A. Regulation 3 of the Electronic Communications and Wireless Telegraphy Regulation 2011 makes provision about the time within which certain applications under this code for the granting of rights to install facilities must be determined.”
2. New Roads and Street Works Act 1991
In Schedule 3 to the New Roads and Street Works Act 199113(street works licences), after paragraph 2 insert—
“Electronic communications networks: determination of applications to install facilities
2A. Regulation 3 of the Electronic Communications and Wireless Telegraphy Regulations 2011 makes provision about the time within which certain applications for the granting of rights to install facilities must be determined.”
3. Office of Communications Act 2002
In the Schedule to the Office of Communications Act 200214(further provision about OFCOM), after paragraph 2(4) insert—
“5 At the time of removing a person from office under sub-paragraph (4) the Secretary of State must make public the decision to remove the person.
6 The Secretary of State must—
(a) give the person a statement of reasons for the removal, and
(b) if so requested by the person, publish the statement.”
4. Amend the Communications Act 200315as follows.
5. In section 4 (duties for purpose of fulfilling Community obligations)—
(a) after subsection (6) insert—
“6A The fourth Community requirement does not apply to—
(a) the imposition, in relation to a wireless telegraphy licence, of a limitation of a kind falling within section 9ZA(1) of the Wireless Telegraphy Act 2006; or
(b) the review, variation or removal of such a limitation.”,
(b) in subsection (8)—
(i) in paragraph (a) omit the words from “in the markets” to the end,
(ii) after paragraph (a) omit “and” and insert—
“(aa)
“(aa) efficient investment and innovation; and”, and
(iii) in paragraph (b) for “such facilities” substitute “associated facilities”,
(c) in subsection (10)—
(i) for “or” after paragraph (b)(ii) substitute “and”,
(ii) after paragraph (c)(ii) omit “or” and insert—
“(iia)
“(iia) the European Conference of Postal and Telecommunications Administrations; and”,
(d) in subsection (12), omit the definition of “the Framework Directive”, and
(e) after subsection (12) insert—
“13 In this section and sections 4A and 5, “the Framework Directive” has the same meaning as in Chapter 1 of Part 2.”
6. After section 4 insert—
“Duty to take account of European Commission recommendations for harmonisation
4A.—(1) This section applies to the following functions of OFCOM—
(a)
(a) their functions under Chapter 1 of Part 2;
(b)
(b) their functions under the enactments relating to the management of the radio spectrum;
(c)
(c) their functions under Chapter 3 of Part 2 in relation to disputes referred to them under section 185;
(d)
(d) their functions under sections 24 and 25 so far as they relate to information required for purposes connected with matters in relation to which functions specified in this subsection are conferred on OFCOM; and
(e)
(e) their functions under section 26 so far as they are carried out for the purpose of making information available to persons mentioned in subsection (2)(a) to (c) of that section.
(2) In carrying out those functions, OFCOM must take due account of all applicable recommendations issued (whether before or after the coming into force of this section) by the European Commission under Article 19(1) of the Framework Directive.
(3) Where OFCOM decide not to follow such a recommendation they must notify the Commission of their decision, and of the reasons for it.”
7. In section 5 (directions in respect of networks and spectrum functions)—
(a) after subsection (3) insert—
“3A The Secretary of State may not give a direction under this section in respect of a function that Article 3(3a) of the Framework Directive requires OFCOM to exercise without seeking or taking instructions from any other body.”, and
(b) after subsection (4) insert—
“4A Before giving a direction under this section, the Secretary of State must take due account of the desirability of not favouring—
(a) one form of electronic communications network, electronic communications service or associated facility, or
(b) one means of providing or making available such a network, service or facility,
over another.”
8. In section 26 (publication of information and advice)—
(a) in subsection (1) for “may” substitute “must”, and
(b) after subsection (2)(b) insert—
“(ba)
“(ba) any person affected by the application of the electronic communications code (within the meaning of section 106(1));”.
9. In section 32 (meaning of electronic communications networks and services)—
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