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“number” includes data of any description. | |
54 Conditions to secure access to telephone numbers | |
(1) General conditions may impose such requirements as OFCOM consider | |
appropriate for securing that every end-user of a public electronic | |
communications service is able, by means of that service— | 5 |
(a) to make calls or otherwise transmit electronic communications to every | |
normal telephone number; and | |
(b) to receive every call or other electronic communication that is made or | |
transmitted to him using such a service from apparatus identified by a | |
normal telephone number. | 10 |
(2) A normal telephone number is one which— | |
(a) has been made available, in accordance with the National Telephone | |
Numbering Plan, as a number to be used for the purpose of identifying | |
the destination for, or the recipient of, electronic communications; and | |
(b) is for the time being— | 15 |
(i) a number adopted by a communications provider to be used for | |
such a purpose; or | |
(ii) a number in use for such a purpose by a person other than a | |
communications provider to whom it has been allocated in | |
accordance with conditions under section 56. | 20 |
(3) In this section “electronic communication” has the same meaning as in section | |
53. | |
55 Conditions about allocation and adoption of numbers | |
(1) General conditions may include conditions which— | |
(a) prohibit the adoption of telephone numbers by a communications | 25 |
provider except in cases where the numbers have been allocated by | |
OFCOM to a person; | |
(b) regulate the use by a communications provider, for the purpose of | |
providing an electronic communications network or electronic | |
communications service, of telephone numbers not allocated to that | 30 |
provider; | |
(c) impose restrictions on the adoption of telephone numbers by a | |
communications provider, and on other practices by communications | |
providers in relation to telephone numbers allocated to them; | |
(d) impose requirements on a communications provider in connection | 35 |
with the adoption by him of telephone numbers; | |
(e) require an allocation of particular telephone numbers to be transferred | |
from one communications provider to another in the circumstances | |
provided for in the conditions; | |
(f) impose such requirements and restrictions on a communications | 40 |
provider from whom an allocation is required to be transferred as may | |
be provided for, in relation to the transfer, in the conditions; | |
(g) require payments of such amounts as may be determined by OFCOM | |
to be made to them by a person in respect of the allocation to him of | |
telephone numbers; | 45 |
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(h) require payments of such amounts as may be determined by OFCOM | |
to be made to them by a person in respect of transfers of allocations | |
from one person to another; and | |
(i) require communications providers to secure compliance with such | |
rules relating to the use of telephone numbers by their customers as | 5 |
OFCOM may set out in general conditions or determine in accordance | |
with provision made by the general conditions. | |
(2) General conditions may also— | |
(a) provide for the procedure to be followed on the making of applications | |
to OFCOM for the allocation of telephone numbers; | 10 |
(b) provide for the information that must accompany such applications | |
and for the handling of such applications; | |
(c) provide a procedure for telephone numbers to be reserved pending the | |
making and disposal of an application for their allocation; | |
(d) provide for the procedure to be followed on the making of applications | 15 |
for telephone numbers to be reserved, and for the handling of such | |
applications; | |
(e) regulate the procedures to be followed, the system to be applied and | |
the charges to be imposed for the purposes of, or in connection with, the | |
adoption by a communications provider of telephone numbers | 20 |
allocated to that provider; | |
(f) regulate the procedures to be followed, the system to be applied and | |
the charges to be imposed for the purposes of, or in connection with, the | |
transfer of an allocation from one person to another. | |
(3) The conditions that may be set under subsection (1)(d) include conditions | 25 |
imposing requirements with respect to the provision of information for | |
purposes connected with— | |
(a) the compilation of directories; and | |
(b) the provision of directory enquiry facilities. | |
(4) The procedure to be followed on the making of an application for the allocation | 30 |
of numbers that are available for allocation in accordance with the National | |
Telephone Numbering Plan must require OFCOM’s determination of the | |
application to be made— | |
(a) in the case of an application made in response to an invitation in | |
accordance with subsection (5), before the end of six weeks after the day | 35 |
on which the application is received; and | |
(b) in any other case, before the end of three weeks after that day. | |
(5) Where OFCOM are proposing to allocate any telephone numbers, they may— | |
(a) invite persons to indicate the payments each would be willing to make | |
to OFCOM if allocated the numbers; and | 40 |
(b) make the allocation according to the amounts indicated. | |
(6) General conditions providing for payments to be made to OFCOM in respect | |
of anything mentioned in subsection (1)(g) or (h)— | |
(a) must set out the principles according to which the amounts of the | |
payments are to be determined; | 45 |
(b) may provide for the payments to consist of a lump sum in respect of a | |
particular allocation or transfer or of sums payable periodically while | |
an allocation remains in force, or of both; | |
(c) may provide for the amounts to be determined by reference to— | |
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(i) any indication according to which the allocation has been made | |
as mentioned in subsection (5); or | |
(ii) any other factors (including the costs incurred by OFCOM in | |
connection with the carrying out of their functions by virtue of | |
section 53 and this section) as OFCOM think fit. | 5 |
(7) General conditions may— | |
(a) make modifications from time to time of, or of the method of | |
determining, the amounts of periodic payments falling to be made by | |
virtue of conditions containing provision authorised by this section; | |
and | 10 |
(b) make different provision in relation to different descriptions of | |
communications provider and different descriptions of telephone | |
number. | |
(8) Nothing in subsection (7) authorises the modification, after it has been fixed, of | |
the amount of a periodic payment fixed in accordance with arrangements | 15 |
made in relation to numbers allocated as mentioned in subsection (5)(b). | |
(9) Payments that are required to be made to OFCOM in respect of anything | |
mentioned in subsection (1)(g) or (h)— | |
(a) must be paid to them as soon as they become due in accordance with | |
the conditions imposing the obligation to pay; and | 20 |
(b) if not so paid, are to be recoverable by them accordingly. | |
56 Telephone numbering conditions binding non-providers | |
(1) OFCOM may set conditions under this section that apply to persons other than | |
communications providers and relate to— | |
(a) the allocation of telephone numbers to such persons; | 25 |
(b) the transfer of allocations to and from such persons; and | |
(c) the use of telephone numbers by such persons. | |
(2) The conditions that may be set under this section include conditions imposing | |
obligations corresponding to any of the obligations that may be imposed on | |
communications providers by general conditions making provision for, or in | 30 |
connection with— | |
(a) the allocation of telephone numbers; | |
(b) the transfer of allocations; or | |
(c) the use of telephone numbers. | |
(3) Subsection (10) of section 42 applies to OFCOM’s power to set a condition | 35 |
under this section as it applies to their power to set a condition under that | |
section. | |
(4) Sections 44 to 46 apply in relation to— | |
(a) the setting of conditions under this section and the modification and | |
revocation of such conditions; and | 40 |
(b) the giving, modification or withdrawal of any direction, approval or | |
consent for the purposes of a condition under this section, | |
as they apply in the case of general conditions and in the case of directions, | |
approvals and consents given for the purposes of general conditions. | |
(5) It shall be the duty of a person who— | 45 |
(a) is not a communications provider, but | |
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(b) applies for the allocation of a telephone number, or is allocated such a | |
number, | |
to comply with any conditions set under this section. | |
(6) That duty shall be enforceable in civil proceedings by OFCOM— | |
(a) for an injunction; | 5 |
(b) for specific performance of a statutory duty under section 45 of the | |
Court of Session Act 1988 (c. 36); or | |
(c) for any other appropriate remedy or relief. | |
(7) Subsection (6) does not apply in the case of a person against whom the | |
obligations contained in the condition in question are enforceable (by virtue of | 10 |
his having become a communications provider) as obligations imposed by | |
general conditions. | |
57 Modification of documents referred to in numbering conditions | |
(1) This section applies where numbering conditions for the time being have effect | |
by reference to provisions, as they have effect from time to time, of— | 15 |
(a) the National Telephone Numbering Plan; or | |
(b) another document published by OFCOM. | |
(2) OFCOM must not revise or otherwise modify the relevant provisions unless | |
they are satisfied that the revision or modification is— | |
(a) objectively justifiable in relation to the matters to which it relates; | 20 |
(b) not such as to discriminate unduly against particular persons or against | |
a particular description of persons; | |
(c) proportionate to what the modification is intended to achieve; and | |
(d) in relation to what it is intended to achieve, transparent. | |
(3) Before revising or otherwise modifying the relevant provisions, OFCOM must | 25 |
publish a notification— | |
(a) stating that they are proposing to do so; | |
(b) specifying the Plan or other document that they are proposing to revise | |
or modify; | |
(c) setting out the effect of their proposed revisions or modifications; | 30 |
(d) giving their reasons for making the proposal; and | |
(e) specifying the period within which representations may be made to | |
OFCOM about their proposal. | |
(4) That period must be one ending not less than one month after the day of the | |
publication of the notification. | 35 |
(5) OFCOM may give effect, with or without modifications, to a proposal with | |
respect to which they have published a notification under subsection (3) only | |
if— | |
(a) they have considered every representation about the proposal that is | |
made to them within the period specified in the notification; and | 40 |
(b) they have had regard to every international obligation of the United | |
Kingdom (if any) which has been notified to them for the purposes of | |
this paragraph by the Secretary of State. | |
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(6) The publication of a notification under this section must be in such manner as | |
appears to OFCOM to be appropriate for bringing the contents of the | |
notification to the attention of such persons as OFCOM consider appropriate. | |
(7) In this section— | |
“numbering conditions” means— | 5 |
(a) general conditions the making of which is authorised by section | |
54 or 55; | |
(b) conditions set under section 56; | |
“the relevant provisions”, in relation to the Plan or document, means the | |
provisions of the Plan or document by reference to which (as they have | 10 |
effect from time to time) the numbering conditions in question have | |
effect. | |
58 Withdrawal of telephone number allocations | |
(1) Where OFCOM have allocated telephone numbers for the purposes of any | |
numbering conditions, they may withdraw that allocation if, and only if, the | 15 |
case is one in which the withdrawal of an allocation is authorised by this | |
section. | |
(2) The withdrawal of an allocation is authorised (subject to section 59) if— | |
(a) consent to the withdrawal is given by the person to whom the numbers | |
are for the time being allocated; | 20 |
(b) the withdrawal is made for the purposes of a transfer of the allocation | |
required by numbering conditions; | |
(c) the withdrawal is made for the purposes of a numbering reorganisation | |
applicable to a particular series of telephone numbers; | |
(d) the withdrawal is made in circumstances specified in the numbering | 25 |
conditions and for the purpose of securing that what appears to | |
OFCOM to be the best and most efficient use is made of the numbers | |
and other data that are appropriate for use as telephone numbers; | |
(e) the allocated numbers are numbers that have not been adopted during | |
such period after their allocation as may be specified in the numbering | 30 |
conditions; or | |
(f) the allocated numbers are comprised in a series of numbers which have | |
not to a significant extent been adopted or used during such period as | |
may be so specified. | |
(3) The withdrawal of an allocation is also authorised where— | 35 |
(a) there have been serious and repeated contraventions, by the person to | |
whom the allocation is for the time being allocated, of the numbering | |
conditions; and | |
(b) it appears to OFCOM that the taking of other steps in respect of the | |
contraventions is likely to prove ineffective for securing future | 40 |
compliance. | |
(4) The withdrawal of an allocation is also authorised where— | |
(a) the person to whom the allocation is for the time being allocated is not | |
a communications provider; and | |
(b) it appears to OFCOM that contraventions by that person of numbering | 45 |
conditions makes the withdrawal of the allocation appropriate. | |
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(5) OFCOM’s power to set conditions specifying circumstances for the purposes | |
of subsection (2)(d), and their power to withdraw an allocation in the specified | |
circumstances, are each exercisable only in a manner that does not discriminate | |
unduly— | |
(a) against particular communications providers; | 5 |
(b) against particular users of the allocated numbers; or | |
(c) against a particular description of such providers or users; | |
and the purposes for which those powers may be exercised do not include the | |
carrying out of a numbering reorganisation of the sort mentioned in subsection | |
(2)(c). | 10 |
(6) Where OFCOM are proposing to withdraw an allocation in exercise of the | |
power conferred by virtue of subsection (2)(e) or (f), they must— | |
(a) give a notification of their proposal; | |
(b) consider any representations made to them about the proposal within | |
the period of one month following the day on which the notification is | 15 |
given; and | |
(c) ensure that the withdrawal (if OFCOM decide to proceed with it after | |
considering those representations) does not take effect until the end of | |
the three months beginning with the end of the period mentioned in | |
paragraph (b). | 20 |
(7) A notification for the purposes of subsection (6) must be given in such manner | |
as OFCOM consider appropriate for bringing it to the attention of— | |
(a) the person to whom the numbers to which the proposed withdrawal | |
relates are for the time being allocated; | |
(b) every person appearing to OFCOM to be a person to whom | 25 |
communications are or may be transmitted using one of those numbers | |
for identifying the destination or route; | |
(c) every person who uses one or more of those numbers for obtaining | |
access to services or for communication; and | |
(d) every other person who, in OFCOM’s opinion, is likely to be affected | 30 |
by the proposal. | |
(8) For the purposes of this section there are repeated contraventions by a person | |
of numbering conditions to the extent that— | |
(a) in the case of a previous notification given to that person under section | |
91, OFCOM have determined for the purposes of section 92(2) or 93(2) | 35 |
that a contravention of a numbering condition did occur; and | |
(b) in the period of twelve months following the day of the making of that | |
determination, one or more further notifications have been given to | |
that person in respect of contraventions of numbering conditions; | |
and for the purposes of this subsection it shall be immaterial whether the | 40 |
notifications related to the same contravention or to different contraventions of | |
the same or different conditions. | |
(9) In this section “numbering conditions” means— | |
(a) general conditions the making of which is authorised by section 55; or | |
(b) conditions set under section 56. | 45 |
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