Section 142 of the Communications Act

BT's comments (20th June 2003) on Oftel's draft statement of policy on information gathering under section 142 of the Communications Act (dated 24th April 2003)

Download full response in PDF format.

Introduction

1.  BT supports Oftel in its aim of publishing the statement required by Clause 142 of the Communications Bill before the new information gathering powers come into effect on 25th July 2003, either through the Bill itself or provisional Statutory Instruments.

2.  Transparency and clarity as to how Oftel will exercise its information gathering powers are essential, particularly as the penalties for contravention include fines and, in extreme cases, general or partial suspension of a provider's authorisation to provide electronic communications networks, services or associated facilities.

3.  In this response, we give BT's comments on the draft statement. As the powers in the Bill are likely to be conferred initially on the Director General, the response refers to the regulatory authority as "Oftel". However, such references are intended equally to apply to Ofcom following its assumption of its regulatory functions. 

BT welcomes comments on this submission which should be sent to:

Mike Fox e-mail: mike.p.fox@bt.com