Draft electronic communications 2003

BT's comments on the DTI's consultation document "Consultation by the Department of Trade and Industry on the draft Electronic Communications Code  (Conditions and Restrictions) Regulations 2003" DTI source document available here in PDF format

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EXECUTIVE SUMMARY

BT is grateful for the opportunity to comment on the draft new regulations setting out the position in respect of the new Electronic Communications Code (henceforth ‘The Code’). We would like to take this opportunity to applaud the DTI in taking some measures to improve the mechanics of the granting and relinquishing of rights under the code, opening the way to allow operators and others to make decisions about the need to have access to the code in a more considered way in future. It is to be hoped that this will ensure that only those who have need of the code will avail themselves of its benefits and obligations thus making it an easier process to manage for all interested parties.

We note that the main driver for this change is seen as the EC Authorisations Directive and that the perception is that very few substantive changes have been seen to be necessary in transposing The Code into the new structure with the emphasis on ensuring that obligations are not replicated and the avoidance of double jeopardy. It is with this latter in mind that most of our detailed comments are made. We believe that there remain some significant areas of overlap between these regulations and obligations, requirements and processes under the New Roads and Street Works Act (NRSWA) 1991. In principle we believe that the latter is better placed to deal with many of the issues addressed and that the overall position is more coherent and “joined up” within that framework.

There appear to us to be areas where Oftel (Ofcom) is required to monitor areas where it is the Local Authorities and planning departments which are in fact required to act. It will under these circumstances be difficult for Oftel to properly perform such a role. Similarly there are requirements to notify or seek permission, in particular of Local Government planning departments, where it is not clear what appeals process might apply, as the Communications Bill appeals process does not (and should not need to) deal with such matters. It does appear to BT that Local Government is already well placed and set up to deal with such matters in a way which it should not be necessary for Ofcom to be and that it is not the intention that it should be. Therefore we would suggest that is not a matter simply of pure replication and double jeopardy which needs to be considered here, but also the more fundamental issue of where a party might expect to look to find the relevant legislation to deal with certain types of regulations. We deal with specific conditions below but would ask that the DTI, in the interests of transparency of regulation, considers carefully the proper place for the different types of regulation seen here.

BT would welcome further discussion on the contents of this paper with interested parties. In the first instance comments, questions, requests for further details or points of clarification should be emailed to: Lorraine Flawn - Lorraine.flawn@bt.com