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United Kingdom

 
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 BT’s 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 OFTEL’s 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 BT’s 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 BT’s 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 Telecom’s 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 BT’s 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 BT’s 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 Kingston’s 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 it’s 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 it’s 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 BBC’s 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 Government’s 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 DTI’s 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 Commission’s 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 it’s 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 Commission’s 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 Government’s 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 it’s first tasks will be to oversee the Government’s 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 Government’s 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 doctor’s 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.