NOTICE UNDER SECTION 12(2) OF THE TELECOMMUNICATIONS ACT 1984

PROPOSED MODIFICATION OF THE LICENCES OF MERCURY PERSONAL COMMUNICATIONS LTD, ORANGE PERSONAL COMMUNICATIONS SERVICES LTD, VODAFONE LTD, TELECOM SECURICOR CELLULAR RADIO LTD.

The Director General of Telecommunications (“the Director”), in accordance with section 12(2) of the Telecommunications Act 1984 (“the Act”), hereby gives notice that he proposes to make modifications to the licence granted to Mercury Personal Communications Ltd (“MPLC”) on 9th May 1995, to the licence granted to Orange Personal Communications Services Ltd (“OPLC”) on 27th July 1995, to the licence granted to Vodafone Ltd (“VL”) on 9th December 1993 and to the licence granted to Telecom Securicor Cellular Radio Ltd (“TSCRL”) on 22nd March 1994.
2. The Director proposes to make the modifications described in the Schedule below (“the Schedule”), the broad effect of which is to insert in each of the four existing mobile PTO licences an obligation on these operators to provide national roaming to any new entrants in the third generation mobile market as a result of the auction for 3rd Generation Spectrum. The reasons for the proposed modifications and a fuller description of their effect is set out in the Consultative Document of 7th May 1999 entitled “Access to 2nd Generation mobile networks for new entrant 3rd Generation mobile operators”.
3. The Director is required by section 12(2) of the Act to consider any representations or objections which are duly made and not withdrawn. Subject to such considerations and the consent of MPLC, OPLC, VL and the TSCRL, the Director proposes to make the modifications as soon as practicable after the statutory consultation is completed.
4. The consultation procedure comprises two stages. In the first stage, representations on or objections to the proposed modifications may be made to Dilbinder Dhillon, OFTEL, 50 Ludgate Hill, London EC4M 7JJ (telephone 0171-634 8838, fax 0171-634 8847) by no later than 11th June 1999.
5. Any confidential material should be clearly marked as such and separated out into a confidential annex. All representations and objections received by OFTEL, with the exception of material marked confidential, will be made available for inspection in OFTEL’s library. Comments on this document (if they are relatively short) can also be sent to OFTEL at the following e-mail address: press.office.oftel@gtnet.gov.uk
6. In the second stage of consultation, interested parties are invited to send comments to OFTEL no later than 25th June 1999 on the representations and objections received in the first stage. Copies of the proposed modification can be obtained from Dilbinder Dhillon at the above address.

The Schedule

It is proposed to insert the following condition, and also modify condition 8 of the Mobile PTO Licences:
(i) A national roaming condition, the full text of which is set out in Annex A to the Consultation Document entitled “Access to 2nd Generation mobile networks for new entrant 3rd Generation mobile operators”.
(ii) Condition 8 (which deals with undue preference and undue discrimination) will be amended to include reference, at paragraph 8.1(a) to the national roaming condition. The full text of the proposed amendment is set out in Annex A bis to the Consultation Document.