Historical
and juridical viewpoint
Changes
over the last three months (Oct.-Dec. 98)
On-going
developments
|
|
Prior
to 1982, only the state-owned monopoly (later to become
British Telecom -BT) supplied telecommunications services
in the U.K. In 1982, Mercury Telecommunications (now
called Cable & Wireless Communications) obtained a
licence to build and operate a fixed link network in
competition with BT. BT itself underwent the first stage
of privatisation two years later. The Telecommunications Act of 1984
established the independent regulatory body, the Office
of Telecommunications (OFTEL), to promote competition and
ensure a fair deal for the consumer.
I - Historical
and juridical viewpoint
1.
Regulation and Competition Policy
A white paper
"Competition and choice: Telecommunication Policy
for the 1990's", published in 1991
discontinued the previous "duopoly" policy.
Cable operators could now offer voice telephony services
and mobile operators could apply to run fixed services
using their radio networks and fixed infrastructure.
Restrictions in the provision of international services
were also relaxed.
By 1994, some 60 new
licences had been issued, 12 cable television companies
were providing services and a number of providers of
mobile services were operating. By December 1998, there
were 43 fixed link public telecom operator licences
issued, 79 satellite licences of all types and 205 cable
licenses. In total, there are c1000 licences issued in
the UK.
In 1994, despite the
increase in competition, rules concerning interconnection
(technical and economic conditions for small entrants
wishing to use BT's fixed network) appeared to be
unsatisfactory. Therefore, in March 1994, OFTEL issued a
Statement entitled "Interconnection and Accounting
separation: the Next Steps", with a 3-stage
programme to improve the fairness of interconnection
charges.
In a consultative document
(July 1997), OFTEL set out its final proposals for new
arrangements for interconnection charges, due to take
effect from 1 October 1997 and to remain until 30
September 2001. These will:
- change the cost base
for interconnection charges from fully allocated
historic costs to long run incremental costs
(plus a mark-up for common costs);
- remove the need for
twice yearly determinations and detailed
intervention by the regulator. Instead OFTEL will
set a framework of controls within which BT will
have pricing flexibility to set its own charges.
The degree of control will depend on the
competitiveness of the service concerned:
- For competitive
services: BT will be free to set charges
- For prospectively
competitive services: Safeguard caps of RPI+0%
will apply
- For non-competitive
services: Charge caps will be introduced.
- Include transparent
guidelines on how OFTEL will approach complaints
that charges or other interconnection terms and
conditions are unreasonable or anti-competitive.
The overall effect of
these changes is expected to be that BT's charges for
these services will fall by around 28% in real terms over
the four year period to September 2001.
The EC Interconnection
Directive (97/33/EC), concerning rights and obligations
for telecommunications operators to interconnect with
other operators, was implemented in the UK on 31 December
1997.
Under the Directive,
particular obligations are placed on operators deemed to
have "significant market power" (ie at least a
25% share of a particular geographic market). OFTEL have
recently (February 1998) identified those UK operators
coming under that definition as BT and Kingston
Communications (Hull) Ltd. in the fixed and leased lines
markets, and Cellnet and Vodafone in the mobile market.
Following changes to the
licences of Orange and One 2 One in April, OFTEL
announced its intention to look at the licence conditions
of Cellnet and Vodafone, to ensure that the mobile market
remained competitive.
2.
Regulation and Retail Pricing
Recognising that the ideal
of full competition has not yet been attained, the UK
Government chose a policy of direct regulation of BT's
prices. For the 4 years from July 1993, the maximum
overall allowable retail price increase was set at 7,5%
per year below the retail price index.
From August 1997, OFTEL is
retaining controls in those areas where the BT monopoly
has been least eroded, namely the residential and small
business sectors. Under new retail price control rules,
effective between 1 August 1997 and July 2001, BT is
required to constrain its prices for the lowest spending
80% of its residential customers to 4.5% below the rate
of inflation in each year. In addition, BT has given
OFTEL an assurance that, for typical patterns of calling,
bills will not rise by more than inflation, whatever the
level of spend.
3.
Regulatory events from January 1997 until September 1998
3.1 Regulatory
events in 1997
| January 1997 |
Publication of :
- further
statement on service provider proposals
- National
Numbering Scheme statement, statutory
consultation on National Numbering Scheme
conventions
- draft
determination of final charges for
standard services for 1995/1996
- consultative
document on interoperability
- consultative
document on universal service giving firm
proposals and draft licence modifications
|
| February 1997 |
OFTEL actions :
- Report from
their Educational Task Force, with
recommendations on charges and standards
of service for provision of
telecommunications to educational
establishments
- Statement on
Number Portability (all operators except
mobile) and licence modifications, and a
Consultative Document on Mobile Number
Portability and licence modifications
- Statement on
promoting competition, including an
updated classification of BTs
businesses (necessary for policing
anti-competitive behaviour) and a measure
giving BT greater flexibility to offer
lower prices to independent service
providers. The statement also announced
OFTELs intention to set up an
Independent Service Provider Forum for
ISPs to raise issues
- consultation
document on Universal Services, with
proposals for basic levels of universal
service to 2001.
|
| March 1997 |
OFTEL actions :
- document on
domestic obligations in a global market,
essentially relating to BTs
progress as a global telecommunications
company
- guidelines on
the operation of the Fair Trading
Condition, and a Fair Trading Condition
Enforcement Procedure
- guidelines on
the Regulation of Conditional Access for
Digital Television Services, setting out
how the Regulator would propose to deal
with anti-competitive behaviour in
relation to the provision of conditional
access services.
|
| April 1997 |
OFTEL announces :
- a programme
for the removal of restrictions on how
mobile telephone operators can market
airtime and distribute their products
- proposals to
amend operators licences to provide
telephone number portability, to allow
customers to keep their existing number
when changing operators. Until now this
requirement has only been applied to BT,
although 11 other operators do offer the
service
- proposals for
the organisation of interoperability of
services across competing networks, both
at customer interfaces - between networks
and customer premises equipment - and at
the network interfaces at which network
operators interconnect their systems
(OFTEL, April 1997b).
|
| May 1997 |
OFTEL announces :
- the
composition of the body to advise on
enforcing the Fair Trading Condition
- amendments to
the proposals for network charge
controls, now to run from 1 October
1997(see retail pricing above)
- consultation
about the proposed merger of BT with MCI
(a US telecom company) to create a major
global telecom company - called Concert
Also, the
Department of Trade and Industry issued the
Cordless Class Licence, under which
telecommunications operators will be able to
offer digital public access cordless services to
others on a commercial basis without needing to
apply for a licence or pay a fee.
|
| June 1997 |
- OFTEL began a
consultation process with the
telecommunications industry on connecting
schools to the information superhighway,
following receipt of BTs proposals
on the subject.
- the
Independent Television Commission (ITC)
announced the award of licences for
broadcasting digital terrestrial TV in
the UK to the British Digital
Broadcasting Consortium (BDB)
|
| July 1997 |
OFTEL announces that :
- BT had been
instructed to change certain procedures
associated with its personal numbering
service
- Proposals
aimed at ensuring that all schools in the
UK have access to the Internet at
affordable rates, with the participation
and co-operation of the
telecommunications industry, had been
published
- Mobile
telephone owners would, from 1998, be
able to keep their numbers when switching
to another mobile network.
- Proposals for
extending the regulatory regime covering
the operation of conditional access
services in the digital domain were
published jointly by OFTEL and the
Department of Trade and Industry.
- Final plans
for network charges - the way BT charges
other network operators in the UK for
carrying their calls over its network -
were published
- Measures to
ensure that BT continues to meet its UK
licence obligations as it becomes an
international company were announced.
|
| August 1997 |
- BT is
required to constrain its prices for the
lowest spending 80% of its residential
customers to 4.5% below the rate of
inflation in each year
- BT announced
a 10% cut in evening national call rates
- The status of
Mercury plc as a "Well Established
Operator" was changed as regulatory
constraints on the company on certain
international routes were lifted.
|
| September 1997 |
- OFTEL
published plans for collecting and
publishing information on international
calls between the UK and other countries
- wide-ranging
proposals for the future regulation of
the Information Society were set out by
OFTEL.
|
| October 1997 |
OFTEL announces that:
- 3
modifications were being made to British
Telecoms licence
- Agreement had
been reached with the 4 mobile telephone
operators to a scheme where, by 1 January
1999, mobile telephone users will be able
to keep their number when they change
operators
- A framework
would be provided to encourage BT and
other telecom operators to share
underground cable ducts and telegraph
poles, instead of each operator having to
build new ones.
- Details of
how BTs interconnection charges had
been set were published
|
| November 1997 |
OFTEL asserts that 4 telecom
companies have "significant market
power" under the terms of a new EU
Interconnection Directive, which sets out how
such companies are required to co-operate with
other telecom companies. The companies are BT,
Kingston Communications, Vodafone and Cellnet. |
| December 1997 |
OFTEL published guidelines designed
to ensure that trials of new services in the
telecom industry are carried out fairly. The
guidelines apply only to those operators with
market power. |
3.2 Regulatory
events from January 1998 until September 1998
| January 1998 |
OFTEL announced new modifications to
BTs licence, requiring the company to send
its Financial Statements to OFTEL early enough to
allow comments from the Director General |
| February 1998 |
- OFTEL
published guidelines on wiring on
customer premises.
- OFTEL set out
its approach to determination of
Significant Market Power in regulation of
the UK telecommunication industry
- OFTEL issued
guidelines for access charges for digital
television: it does not propose to set a
price control but expects these to be
negotiated. It will only intervene in the
event of a complaint.
- OFTEL issued
a code of practice for services to
disabled customers: the proposal is for
the incorporation into every operator's
licence of a requirement for a basic
level of services and facilities.
|
| March 1998 |
- OFTEL issued
a consultation document on the rights and
obligations of operators under the EU
interconnection Directive. It also
explained the identification of BT and
Kingston Communications as having
Significant Market Power in the UK leased
lines market.
- evidence was
heard by the House of Commons Select
Committee Inquiry into Audio-Visual
Communications and the Regulation of
Broadcasting, including a submission by
OFTEL entitled "Beyond the
Telephone, the Television and the
PC" (OFTEL, March 1998).
- the Office of
Fair Trading (OFT) published draft
guidelines on the provisions of the
proposed Competition Bill, which will, if
enacted, replace several Acts of
Parliament which currently regulate
competition between businesses. The Bill
foresees concurrent enforcement between
the OFT and the Regulators of the
utilities - including OFTEL
- the
Department of Trade & Industry
published a Green Paper entitled "A
Fair Deal for Consumers: Modernising the
Framework for Utility Regulation", covering water,
gas, electricity and telecoms. Responses
are invited until 31 May 1998
- the Wireless
Telegraphy Act received Royal Assent, and
will pass into law on 18 June 1998. The
Act is the first major modernisation of
the radio licensing framework for almost
50 years. Charges for the use of the
radio spectrum have been substantially
altered (to take effect in three months
time). They should encourage more
efficient use of the available spectrum,
and should mean that smaller users are no
longer discriminated against.
|
| April 1998 |
- Government
publishes proposals for a Secure
Electronic Commerce Bill, a major part of
which is the announcement of amendments
to BS 7799 the standard for information
security management and a general code of
practice. Additional elements of the Bill
promote the legal recognition of digital
signatures and the licensing of Trusted
Third Parties (detailed comments in
Section 3).
- OFTEL
announces changes to the licence of
Mercury Personal Communications and
Orange, changing their status as
Significant Market Powers (SMP) and
thereby removing their obligation to
provide airtime to other mobile service
providers. They retain WEO (Well
Established Operator) status, and OFTEL
will continue to apply the regulations
relating to unfair cross subsidisation
from other areas of their business.
- Government
publishes key IT strategy document
entitled "Our Information Age"
- Publication
of "Broadband Britain", a
report outlining the Government's policy
to give cable operators the scope to
convert their networks to digital and
continue their network build before they
face open competition, while at the same
time encouraging PTOs to provide
entertainment services to those part of
the UK not currently served by the cable
industry.
|
| May 1998 |
- The
Independent Television Commission (ITC),
Office of Fair Trading, and OFTEL,
announce the formation of The Standing
Committee on Competition in
Communication.
- Following
successful trials during 1997, Nortel and
United Utilities are to jointly develop
the "Digital Power Lines"
technology allowing transmission of
electronic data along in situ power
cables. Each will take a 50% stake in the
newly formed company NOR.WEB DPL. The EC
Merger Taskforce granted approval for
this joint venture in March 1998.
- OFTEL
announces action against fax companies
who use block calling to send
"junk" faxes. The move
strengthens the Telecommunications
Service Licence (TSL).
- President of
the Board of Trade announces that
restrictions on British Telecom and other
public telecoms operators (PTOs)
preventing them from offering broadcast
entertainment nationally are to be lifted
progressively.
|
| June 1998 |
- OFTEL
announces that it has taken action
against a company to stop them making
telesales calls to customers who do not
wish to receive them.
- The
Department of Trade and Industry (DTI)
announces the formation of a joint
public/private company, Radio Spectrum
International Consulting Limited (RSIC),
to provide spectrum management consulting
services to international administrators
as well as providing IT services to the
Radiocommunications Agency (RA).
- BT announces
pilot scheme to provide Internet access
without the need to subscribe to an
Internet Service Provider.
|
| July 1998 |
- The Data
Protection Act 1998 has completed its
parliamentary phase and received Royal
Assent, allowing it to be passed into
law. But theBill will not become law by
the intended October 1998 deadline. A
delay will enable the consideration of
secondary and complementary
legislation.It is now hoped that the
legislation will become effective in the
New Year.
- The
Department of Trade and Industry (DTI)
and the Department for Culture, Media and
Sport (DCMS) have jointly published a
Green Paper entitled "Regulating
Communications: Approaching convergence
in the Information Age".
- Government
announces the implementation of the
revised Voice Telephony Directive
(98/10/EC).
- DTI announces
a public consultation on the draft
Regulations for the implementation of the
Telecoms Data Protection Directive
(97/66/EC). It is proposed that the
Regulations should come into force at the
same time as the new Data Protection Act
(probably by the end of 1998).
- OFTEL
announces its intention to charge
telecoms operators for blocks of numbers
which they receive. This brings the UK
into line with most other European
countries, where operators are charged
for all or part of number blocks they are
allocated.
- OFTEL
announces the introduction of Carrier
Pre-Selection (CPS), a service whereby
customers can be connected to the
telephone network by one operator, but
may send their calls via another if they
wish.
- OFTEL
announces changes to the Licence granted
to Kingston Communications and Hull City
Council to operate services in the Hull
area. A number of changes to
Kingstons licence will be made by
DTI by the end of 1998, in order to
ensure compliance with the requirements
of European legislation. To date BT has
not been allowed to operate in the Hull
area. However as the UK
telecommunications market has opened up ,
it has become progressively more
difficult to defend its exclusion
from the region on competitiveness
grounds.
- OFTEL grants
approval for the use of set-top boxes
which meet the required standards. The
Independent Television Commission (ITC)
is to rule on the standards for
compatibility between networks.
- The
Department of Trade and Industry (DTI)
announces the allocation of a dedicated
radiowave frequency to allow electricity,
gas and water meters to be read remotely.
AMR (Automated Meter Reading) will allow
utilities companies to collect data not
only for billing purposes, but also for
measuring demand for services etc.
|
| August 1998 |
- Proposals for
a Millenium Conformity Bill have been put
before Parliament. It will be an offence
under the Act to falsely claim
compliance. There is no information
currently available regarding a time
scale for the introduction of this Bill.
- OFTEL
announces the findings of its
investigation into the competitiveness of
access to indirect access operator
services from payphones. As there are
likely to be relatively few locations
where it would be economic to introduce
new payphones in competition with
existing BT payphones (BT owns the vast
majority of payphones in the UK and its
payphone network covers the whole of the
UK), OFTEL has determined that supply of
access to other operator services from
payphones is not commercially attractive
for other companies and therefore BT's
services could not be deemed as
anti-competitive. BT has suggested that
in the future directory services may be
offered by an independent company.
- OFTEL
proposes index-linking the Payphone
Access Charge (PAC) which is charged on
free phone calls (ie 0800 and 0500
numbers) from payphones. BT makes an
internal charge from its Network business
to its Retail business to reflect the PAC
on its own calls from payphones. network.
OFTEL proposes that the charge should be
subject to indexation by a RPI-X factor
in order to avoid the need thereafter for
annual regulatory review of the level of
the PAC.
|
| September 1998 |
- OFTEL
announces that BT will be required to
make changes to the provision of its
directory information database, directory
CD-ROM and on-line service to enable
other people, who do not hold a Public
Telecommunications Operators (PTO)
Licence, to compete in these markets on
equal terms. The change will take effect
on 01/01/ 1999.
- BBC begins
trials of digital television
broadcasting. Sky is set to launch
its digital satellite service at
the beginning of October 1998. Digital
broadcasts through aerials will begin in
November, digital cable is expected to be
in operation by the end of the year.
- The
Independent Television Commission (ITC)
announces that it will allow digital
television operators to provide sets with
embedded software allowing access only to
those services provided by that operator.
Furthermore it will not require operators
to provide the corresponding software to
allow others open access to
their services. Open access
would allow users to switch between
various digital terrestrial, satellite
and cable broadcasts. However ITC has
requested that all operators provide a
common interface to allow interconnection
of services.
|
II - Changes and
adjustments over the last three months (October -
December 98)
| October 1998 |
- The
Independent Television Commission (ITC)
has identified potential frequencies for
20 new terrestrial local TV Restricted
Service Licences (RSLs). Organisations
who have bid to broadcast in these areas
will now undergo a further stage of
application and the awarding of licences
will be judged primarily on the quality
of service is offered to the consumer.
- The ITC
confirmed that BBC Digital Services will
be exempt from its rulings on
channel bundling (which
concerns the way in which pay TV channels
are provided) enabling the BBCs
public service channels to continue to be
received free of charge by either cable,
satellite or terrestrial digital
broadcast.
- OFTEL has
given its approval to British Telecom to
allow competing telecoms companies access
to its local loop, using BT switches and
networks to provide service to local
businesses and residential customers.
- The UK
national digital radio franchise has been
awarded to Digital One. The licence is
effective for 12 years and transmission
is expected to start in October 1999.
- The
Department of Trade and Industry (DTI)
publishes Net Benefit : the
Electronic Commerce agenda for the
UK a document outlining the
Governments approach to encourage
the use of E-commerce.
- The Inland
Revenue and Customs & Excise
departments have released a joint
statement on UK tax policy regarding
electronic commerce.
- The
Radiocommunications Agency (RA) published
proposals to enable spectrum licences to
be traded between licence holders.
- The RA has
authorised the introduction of Private
Mobile Radio (PMR 446), a new hand
portable mobile radio service. PMR 446
will be licence exempt and is designed
for use over short distances such as in
offices, factories or construction sites.
The service will replace Short Range
Business Radio (SRBR) which requires a
licence. No new SRBR licences will be
issued and SRBR will cease to operate on
31 December 2003.
|
| November 1998 |
- The DTI
announces the creation of a Special
Representative on the Digital Economy,
the so-called e-envoy. The
post holder will be responsible for
developing and implementing the strategy
for e-commerce which will be contained in
the Competitiveness White Paper due to be
published next month. Applications for
the post have been invited by January
1999.
- The
Government has published proposals for an
Electronic Commerce Bill. It is hoped
that electronic commerce will be promoted
as the legislation will :
- allow
users to place greater reliance
on electronic signatures ;
as courts will recognise
electronic signatures as meeting
the required legal standards.
- remove
obstacles in existing laws -
wherever it makes sense to do so
- which insist on the use of
paper.
- maintain
effectiveness of existing law
enforcement powers in the face of
increasing criminal and terrorist
use of encryption.
- make
it easier to update telecom
licences
- The
Department for Culture, Media and Sport
(DCMS) has announced revisions to the
digital terrestrial television (DTT)
points system which will restrict the
number of DTT services which one owner
can provide
- The DCMS has
announced proposals to relax the
regulations surrounding the ownership of
digital radio services. Comments on the
proposals have been called for by
mid-January.
- The
deregulation of the electricity supply
market continues with the second phase
opening up four more suppliers
markets. Eight suppliers have now opened
their markets.
- OFTEL has
proposed changes to the system of
charging telecom companies for their
licences.The new proposals are for a
uniform method of charging based on the
turnover of companies who hold
specialised individual licences, such as
domestic Public Telecoms Operators. New
entrants to the market would pay a
minimum flat fee for the first two years.
The changes would come into effect in
time for next year's licence fee payments
and will not affect telephone users. The
consultation ends on 24 December 1998.
Licence requirements have to be brought
into line with the EC Licensing Directive
(97/13/EC) by 31 December 1998.
- OFTEL has
determined how it expects BT and Kingston
to recover the costs of introducing
Carrier Pre-Selection (CPS).
|
| December 1998 |
- The
Department of Trade and Industry launches
the Competitiveness White Paper Our
Competitive Future: Building the
Knowledge Driven Economy. The most
significant measures are:
- an
Electronic Commerce Bill to
remove legal barriers to online
trading and introduce a Code of
Conduct for e-commerce
transactions.
- £20
million (30MECU) extra funding
for the DTIs Information
Society Initiative
- reform
of telecommunications legislation
and a review of the effectiveness
of current mergers regulation
- tripling
the number of businesses using
e-commerce to 1 million by 2002
- rolling
out the network of Local Support
Centres to full National coverage
- the
launch of a national award
recognising excellence in digital
business
- Following an
investigation by the Monopolies and
Mergers Commission into the price of
calls made to mobile phones OFTEL has
announced that the cost of calls from a
BT line to Vodafone or Cellnet mobile
phones, will fall by 25%. Additionally,
operators will no longer be able to
charge for unanswered calls on Vodafone
and Cellnet's networks.
|
III - On-going
developments
1. Fair
Trading
The Fair Trading
Condition which forms part of the telecommunications
licences issued by OFTEL, prohibits the licensee from
engaging in certain specified anti-competitive practices:
such as the abuse of a dominant position or entering into
agreements with appreciable adverse effect on
competition. The Condition came into force for BT in
December 1996, for Mercury (now CWC) in February 1997. As
of March 1998, the Condition has now been included in
most telecommunications licences.
Although judgements will
be made on a case by case basis, OFTEL expects that the
status of many types of practice will be clear-cut, on
the grounds that the Condition reflects existing
competition law principles. To help reduce uncertainty
OFTEL has issued Guidelines for applying the Condition,
which will be subject to review, revision and updating
where necessary.
A related development is
the publication by OFTEL (February 1998) of an
"Effective Competition Review", setting out its
approach to market definition and competition analysis.
The statement distinguishes between the competition
analysis with which it is concerned - looking separately
at each service provided by telecommunications operators
- and the approach taken by various European Directives,
which looks at whether an operator has Significant Market
Power across the broad range of its operations.
2.
Universal Service
In July 1997, following a
period of consultation, OFTEL issued final proposals on
universal service provision, establishing the level of
service for the 4 year period (30 September 1997-29
September 2001) as consisting of the following services:
- a connection to the
fixed network able to support voice telephony and
low-speed data and fax transmission ;
- the option of a more
restricted service package at low cost ;
- geographic access to
public call boxes across the U.K. at affordable
prices
Following the consultation
paper, "Multimedia Communications on the Move",
the DTI has announced its intention to hold an auction
(in the summer of 1999) of licences to use specified
frequencies for the delivery of Universal Mobile
Telecommunications Systems - UMTS, (subject to market and
other developments). This timetable takes account of
industry responses to the consultation document.
3.
Privacy and Data Protection
The Data Protection Act
1998 has now received Royal Assent, but has yet to become
law. The Act creates a Data Protection Commissioner with
enhanced privacy protection powers and broadens the scope
of the existing legislation so that it now covers
information relating to living individuals held in manual
files for the first time. The new Act will strengthen the
individual's right of access to information held about
them and brings together access rights, which were
previously dealt with under separate legislation.
The Act was due to come
into force in October 1998 in order to meet the deadline
for implementing the EU Directive on Data Protection.
However, the Government recently announced that the Act
will not come into force in time to meet this target date
but will be delayed for a short period while some of the
secondary legislation supporting the Act is prepared. It
has been suggested that legislation will not be in force
until Spring 1999.
Draft Regulations on the
implementation of the Telecoms Data Protection Directive
(97/66/EC) have been published by the DTI.
4.
Copyright and Intellectual Property Rights
UK copyright law was
completely revised and updated in the Copyright, Designs
and Patents Act 1988. The current view of the UK
Government is that this legislation already provides a
sound basis to meet the challenges of new
technology (DTI., Explanatory Memorandum, 17 Jan.
1997). The UK Government is broadly content with the
tenor of the EC Green Paper Copyright and Related
Rights in the Information Society, and with the
Commissions declared intention not to go too far
too soon on further Community harmonisation of copyright
and related rights.
The UK Government has now
implemented all of five European Directives concerning
copyright issues, the fifth being approved by Parliament
in January 1998 (Statutory Instrument 3032/1997).
As part of the
Competitiveness White Paper, the Government has set out
its Action Plan on Intellectual Property Rights.
This aims to evaluate the impact of current legislation
and regulation on IPR and to "reform the civil law
system for IPR litigation".
5.
Information Content Regulation
The Financial Services
Authority (FSA) has issued guidance on the use of
internet sites to carry investment advertisements.
There are proposals to
limit access to internet information in schools, where
the introduction of internet access as part of the
National Learning Grid has raised concerns over access to
(in particular) pornography. Currently companies are
providing schools and colleges with software packages
which block access to inappropriate sites; this may be
addressed through legislation in the future if
self-regulation proves ineffective.
6.
Information Content Stimulation
The Department for
Culture, Media and Sport is providing £300 million for
information and communications technology training for
teachers and librarians and content creation, throughout
the UK.
The New Opportunities
Fund, which draws money from revenues of the National
Lottery, (£400m or 600MECU) is to channel some of this
into the extension of National Grid for Learning for
priority groups such as the disabled, the socially
disadvantaged and those with few educational
qualifications.
6.1 Libraries and Digital Media
The Department of Culture
Media and Sport has announced £3 million of grants to
help create the public libraries of the 21st century, by
funding 21 IT infrastructure projects. This funding is in
addition to the £50 million package announced in May,
which formed the Government's main response to the
Library and Information Commissions report,
"New Library: The People's Network."
7.
Information Security
British Standard BS 7799
provides advice on guarding against the risks to the
integrity of information.
The Government issued a
consultation document (DTI, March 1997) containing
proposed legislation for licensing Trusted Third Parties
(TTPs). No restrictions on the use of cryptography are
proposed - legislation is directed towards the provision
of encryption services to subscribers in the UK,
providers being required to be licensed. Under the
proposals, users will remain at liberty to choose whether
to make use of TTPs, or make other arrangements for their
encryption requirements.
Following a period
of consultation, the Government has now published
proposals for a Secure Electronic Commerce Bill. The main
points of the bill are:
Specific details of the
Bill are still under discussion.
8.
Electronic Commerce
Electronic Commerce is a
topic of current interest with the Government. In
addition to Net Benefit (see October 1998), and the
Competitiveness White Paper (see December 1998), it has
just published proposals for a Secure Electronic Commerce
Bill (see previous section).
9.
Convergence
The Department of Trade
and Industry (DTI) and the Department for Culture, Media
and Sport (DCMS) have jointly published a Green Paper
entitled "Regulating Communications: Approaching
convergence in the Information Age." Responses to
the document have now been received (November 1998) and
are being considered by the Departments. Further
announcements are not likely until next year.
The Independent Television
Commission (ITC), Office of Fair Trading, and OFTEL, have
set up machinery to handle issues which cross the
traditional boundaries between regulators in the field of
communications. The new machinery will deal with
casework, and is independent of the OFT consultation
group, involving the DTI and the Department for Culture,
Media and Sport. communications area.
In relation to commercial
activities connected with telecommunications, it is
proposed that OFTEL will have concurrent powers with the
OFT under the new Competition Bill, which is currently
before Parliament.
In May, the President of
the Board of Trade announced that restrictions on British
Telecom and other public telecoms operators (PTOs)
preventing them from offering broadcast entertainment
nationally are to be lifted progressively. There will be
two stages to the introduction of these proposals.
10.
Impact of IS legislation on other sectors
10.1 Education
The Department for
Education and Employment (DFEE) has announced £38
million a year to improve the UK's skills for the new
millennium, including a new £5 million rapid
response fund. The fund will be managed by the new
Regional Development Agencies, to develop regional skills
strategies through further and higher education.
The Department of Culture
Media and Sport has announced the creation of the New
Opportunities Fund (NOF) comprising three initiatives
(healthy living centres, out of school hours activities
and ICT training). The order creating the Fund came into
effect on 24 July 1998. Of the £1 billion total, £300
million has been earmarked for information and
communications technology training for teachers and
librarians.
The British Education and
Communications Technology Agency (BECTA) has posted
information and guidelines for safe internet access in
schools on the National Grid for Learning web site.
Schools which receive hardware for Internet access
through the National Grid for Learning initiative will
also have security software provided as part of the
package. Additionally the Government supports the
Internet Watch Foundation a self-regulatory framework
based on existing laws and practices.
An extra £105 million is
to be available to the National Grid for Learning (NGFL)
in 1999 to help develop content and infrastructure. A
growing number of schools are benefiting from new
technology which has been supplied under NGFL. The DFEE
has published the first edition of a new survey detailing
the level of ICT provision in schools.
The introduction of a
National Curriculum for Teacher Training (November 1998),
to be effective from 1999, will mean that all newly
qualified teachers will have to meet required standards
of competency in ICT use.
10.2 Government
The Governments Code
of Practice on Access to Government Information remains
its primary legal instrument for promoting freedom of
information. The Freedom of Information Act was due to
have been published by the end of September 1998. However
in November 1998, the Government announced that it would
be publishing a consultative document on Freedom of
Information but would not be bringing forward any new
legislation in this Parliament.
It also announced in
November 1998 the formation of a new forum for taking
forward its electronic government strategy. The
Electronic Government Partners Forum will be formed from
representatives from the private sector, industry
associations and the Central IT Unit (CITU) of the
Cabinet Office. One of its first tasks will be to
oversee the Governments recently stated target of
25% of Government dealings with the public to be
conducted electronically by 2002.
The White Paper on Better
Government, which was expected earlier this year will be
published early in 1999. Its twin objectives will be
better delivery of services and more cohesive policy
making.
The Government has
launched an Internet based children's information service
which will provide parents with information on child care
services in their local area.
10.3 Transport
Following the publication
of the White Paper Transport Strategy for the
Future, the Government has adopted the strategies
contained in the Paper. Included are proposals for the
increased use of ICT to improve the use of the current
transport infrastructure and provision of public
transport. Although no specific legislation exists
currently, the White Paper forms a significant element of
this Governments policies, and it can be expected
that legislation will be introduced in the future.
10.4 Health
The Government has
announced the creation of an National Health Service
(NHS) Modernisation Fund, intended to target funds for
specifically planned improvements, including developing
ICT provision in the NHS. One of the main aims will be to
connect more doctors surgeries electronically to
NHS Net.
Further information on the
strategy was announced in October 1998 in the NHS
document, Information for Health. A total of
£1 billion will be spent on developing ICT provision and
use throughout the NHS. A further document, containing
advice on implementation of the strategy for healthcare
professionals, was published in November.
In addition, £14 million
has been earmarked by the Government to extend the
provision of NHS Direct, the 24 hour helpline giving
healthcare advice to the general public, to more than 10
million people in the UK. In November the Government
suggested that one single telephone number could be used
to provide services for NHS Direct. Following succesful
trials, the service has now been been extended to
seventeen areas and will provide support to around 20
million people by April 1999. The service is expected to
provide national coverage by the end of 2000.
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