"1.1 The Communications Provider shall, to the extent requested by another Communications Provider in any part of the European Community, negotiate with that Communications Provider with a view to concluding an agreement (or an amendment to an existing agreement) for Interconnection within a reasonable period. 1.2 Where the Communications Provider acquires information from another Communications Provider before during or after the process of negotiating Network Access and where such information is acquired in confidence, in connection with and solely for the purpose of such negotiation or arrangements, the Communications Provider shall use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Such information shall not be passed on to any other party (in particular other departments, subsidiaries or partners) for whom such information could provide a competitive advantage.
" 'Interconnection' means the linking (whether directly or indirectly by physical or logical means, or by a combination of physical and logical means) of one Public Electronic Communications Network to another for the purpose of enabling the persons using one of them to be able: (a) to communicate with users of the other one; or (b) to make use of services provided by means of the other one (whether by the provider of that network or by another person);"
"(1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a condition set under section 45, they may give that person a notification under this section. (2) A notification under this section is one which – (a) sets out the determination made by OFCOM; (b) specifies the condition and contravention in respect of which that determination has been made; and (c) specifies the period during which the person notified has an opportunity of doing the things specified in subsection (3). (3) Those things are – (a) making representations about the matters notified; (b) complying with notified conditions of which he remains in contravention; and (c) remedying the consequences of notified contraventions."
"marketing activity undertaken by BT during the period between a BT customer electing to transfer some or all of his/her calls to an alternative Communications Provider by means of Carrier Pre-selection and the actual transfer taking place, in an attempt to persuade that customer not to transfer: …CPS Save Activity includes all forms of marketing activity – whether by telephone, letter or otherwise."
"the mechanism which enables a customer to transfer some or all of his/her calls to an alternative communications provider, whilst retaining his/her existing telephone line, without having to dial additional codes or use special equipment"
"29. Once a customer's CPS order is lodged with BT it sends a task to Switch Manager which is the BT system which controls changes to the configuration of customers' lines in the BT local exchanges. Switch Manager then marks the customer and the category of CPS calls (e.g. national, international etc) and which operator will carry the calls. BT sends a message back to the CPSO to confirm that the switchover has taken place. 30. After switchover when the customer makes a call the local exchange looks at the dialled digits to see what type of call is being made. If the call is appropriate to CPS, the local exchange inserts an 8XXX code before the dialled digits and sends them to the trunk network. The call is then routed as per the agreed route plan. If the customer dials an Indirect Access (IA) override code the local exchange would send all of the dialled digits to the trunk network and the call would be routed as per the agreed routing plan for that IA code. 31. BT then raises an INCA (Inter Network Call Accounting) bill for the parts of the call that are carried over the BT network which is sent to the CPS operator."
"marketing activity undertaken by BT during the period between a BT customer electing to transfer some or all of his/her calls to an alternative Communications Provider by means of Carrier Pre-selection and the actual transfer taking place, in an attempt to persuade that customer not to transfer: …CPS Save Activity includes all forms of marketing activity – whether by telephone, letter or otherwise."
"You may also be interested to know that you can choose BT to carry a call for you by dialling 1280 in front of the number you wish to call (if you have a payphone we recommend that you bar 1280, please refer to your user guide or call 08000 25254 for further details). Why not check which calls are cheaper with BT? Call us between 8.00am and 8.00pm, Mondays to Saturdays on Freefone 0800 085 5291 for residential customers and 0800 400 400 for business customers and one of our advisers will be happy to help"
" Article 2 Definitions 1. For the purposes of this directive: (a) 'interconnection' means the physical and logical linking of telecommunications networks used by the same or a different organization in order to allow the users of one organization to communicate with users of the same or another organization, or to access services provided by another organization. Services may be provided by the parties involved or other parties who have access to the network; (b) 'public telecommunications network' means a telecommunications network used, in whole or in part, for the provision of publicly available telecommunications services; (c) 'telecommunications network' means transmission systems and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means; (d) 'telecommunications services' means services whose provision consists wholly or partly in the transmission and routing of signals on telecommunications networks, with the exception of radio and television broadcasting; (e) 'users' means individuals, including consumers or organizations, using or requesting publicly available telecommunications services;"
"Information received from an organisation seeking interconnection is used only for the purpose for which it was supplied. It shall not be passed on to other departments, subsidiaries or partners for whom such information could provide a competitive advantage"
"numbering is one of the key facilitators of consumer choice and effective competition in a liberalized telecommunications environment, and that more competition and greater efficiency can be achieved, inter alia, by the availability of call-by-call carrier selection and carrier pre-selection by the customer."
"7. National regulatory authorities shall require at least organisations operating public telecommunications networks as set out in Part 1 of Annex I and notified by national regulatory authorities as organisations having significant market power, to enable their subscribers, including those using ISDN, to access the switched services of any interconnected provider of publicly available telecommunications services. For this purpose facilities shall be in place by1 January 2000 at the latest or, in those countries which have been granted an additional transition period, as soon as possible thereafter, but no later than two years after any later date agreed for full liberalisation of voice telephony services, which allow the subscriber to choose these services by means of pre-selection with a facility to override any pre-selected choice on a call-by-call basis by dialling a short prefix. National regulatory authorities shall ensure that pricing for interconnection related to the provision of this facility is cost-oriented and that direct charges to consumers, if any, do not act as a disincentive for the use of this facility."
"4. …UK operators are developing customer information and consumer protection procedures to assist public understanding of the choices they will have and how the new services will work. (…) 10. CPS will be a standard service on BT's list of standard services, which is part of BT's Reference Interconnection Offer available under Article 7 of the ICD. The same will be true for Kingston. This means CPS will be available to all operators who have rights and obligations to interconnect under Annex II of the ICD on a non-discriminatory basis. Eligible operators will be listed on Oftel's list of 'Annex II' operators. (…) 23 Independent of defining the CPS service and BT and Kingston's responsibility for rolling out network functionality, processes will need to be developed by all operators with an interest in CPS for the preparation, delivery and maintenance of the CPS service to customers. An Industry Process Group has been set up to design and introduce the necessary systems. The Group's work will cover electronic order handling processes with standard protocols, operational support systems to support order handling, and industry documentation, including an agreed Process Manual and a Code of Practice for consumer protection. The Code of Practice will, in particular, have to cover anti-slamming measures. Slamming is the process by which a customer's pre-selections are changed without the customer's full knowledge or consent. Slamming has been a considerable problem in the US. It is not a practice in which reputable operators engage but nevertheless safeguards need to be put in place. Consumer representatives will be involved in the work of the Process Group to ensure that the consumer protection measures introduced in the UK have their support."
"In Community legislation, "access" is a generic concept covering all forms of access to publicly available networks and services, whereas "interconnection" refers to the physical and logical linking of networks. Rules for access and interconnection ensure interoperability and are essential to allow competition to become established. The Commission recognises the fundamental importance of the provision of access and interconnection services, and therefore proposes: maintaining specific Community measures which cover both access and interconnection, building on the principles set out in the Interconnection Directive and the TV Standards Directive, in the case of access to network infrastructure, placing responsibility on National Regulatory Authorities (NRAs) to deal with specific access issues; requiring infrastructure owners with significant market power to negotiate on commercial terms in respect of requests for access; maintaining the possibility of NRA intervention to resolve disputes, in the case of interconnection, maintaining the requirement for cost-orientated interconnection in directives (hard law) but interpreting this concept through Commission recommendations, drawing up Recommendations on access, where appropriate, in particular a Recommendation to Member States on the technical and economic aspects of local loop unbundling (local loops are the links connecting customers' premises to a telecommunications network). The Commission takes the view that the availability of unbundled access to local loops would strengthen competition and could also speed up the introduction of Internet access services. In this context, it adopted a Recommendation on the interconnection of leased lines on 24 November which, inter alia, encourages Member States to take measures (such as unbundling the local loop and licensing wireless local loops) to increase competition for access to the local network, extending the current standardisation framework for telecoms to cover all communications infrastructure and associated services, making carrier selection (a form of network access mandatory for fixed networks under the current regulatory framework for interconnection) available to mobile users by placing obligations on mobile operators with significant market power."
"(26)…There is a risk that an undertaking with significant market power may act in various ways to inhibit entry or distort competition, for example by charging excessive prices, setting predatory prices, compulsory bundling of retail services or showing undue preference to certain customers. Therefore, national regulatory authorities should have powers to impose, as a last resort and after due consideration, retail regulation on an undertaking with significant market power. … However, regulatory controls on retail services should only be imposed where national regulatory authorities consider that relevant wholesale measures or measures regarding carrier selection or pre-selection would fail to achieve the objective of ensuring effective competition and the public interest. (…)"
"1. Within the framework of Directive 2002/21/EC (Framework Directive) this Directive concerns the provision of electronic communications networks and services to end-users. The aim is to ensure the availability throughout the Community of good quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of end-users are not satisfactorily met by the market. 2. This Directive establishes the rights of end-users and the corresponding obligations on undertakings providing publicly available networks and services…"
"1. Member States shall maintain all obligations relating to: (…) (b) carrier selection or pre-selection, imposed under Directive 97/33/EC of the European Parliament and of the Council of30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP); (…) until a review has been carried out and a determination made in accordance with the procedure in paragraph 3 of this Article. (…) 3. Member States shall ensure that, as soon as possible after the entry into force of this Directive, and periodically thereafter, national regulatory authorities undertake a market analysis, in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) to determine whether to maintain, amend or withdraw the obligations relating to retail markets. Measures taken shall be subject to the procedure referred to in Article 7 of Directive 2002/21/EC (Framework Directive)."
"1. National regulatory authorities shall require undertakings notified as having significant market power for the provision of connection to and use of the public telephone network at a fixed location in accordance with Article 16(3) to enable their subscribers to access the services of any interconnected provider of publicly available telephone services: (a) on a call-by-call basis by dialling a carrier selection code; and (b) by means of pre-selection, with a facility to override any pre-selected choice on a call-by-call basis by dialling a carrier selection code. 2. User requirements for these facilities to be implemented on other networks or in other ways shall be assessed in accordance with the market analysis procedure laid down in Article 16 of Directive 2002/21/EC (Framework Directive) and implemented in accordance with Article 12 of Directive 2002/19/EC (Access Directive). 3. National regulatory authorities shall ensure that pricing for access and interconnection related to the provision of the facilities in paragraph 1 is cost- oriented and that direct charges to subscribers, if any, do not act as a disincentive for the use of these facilities."
" Article 1 Scope and aim 1. Within the framework set out in Directive 2002/21/EC (Framework Directive), this Directive harmonises the way in which Member States regulate access to, and interconnection of, electronic communications networks and associated facilities. The aim is to establish a regulatory framework, in accordance with internal market principles, for the relationships between suppliers of networks and services that will result in sustainable competition, interoperability of electronic communications services and consumer benefits. 2. This Directive establishes rights and obligations for operators and for undertakings seeking interconnection and/or access to their networks or associated facilities. It sets out objectives for national regulatory authorities with regard to access and interconnection, and lays down procedures to ensure that obligations imposed by national regulatory authorities are reviewed and, where appropriate, withdrawn once the desired objectives have been achieved. Access in this Directive does not refer to access by end-users."
" Article 4 Rights and obligations for undertakings 1. Operators of public communications networks shall have a right and, when requested by other undertakings so authorised, an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services throughout the Community. Operators shall offer access and interconnection to other undertakings on terms and conditions consistent with obligations imposed by the national regulatory authority pursuant to Articles 5, 6, 7 and 8. 2. (…) 3. Without prejudice to Article 11 of Directive 2002/20/EC (Authorisation Directive), Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage."
" Article 5 Powers and responsibilities of national regulatory authorities with regard to access and interconnection 1. National regulatory authorities shall, acting in pursuit of the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, and gives the maximum benefit to end-users. In particular, without prejudice to measures that may be taken regarding undertakings with significant market power in accordance with Article 8, national regulatory authorities shall be able to impose: (a) to the extent that is necessary to ensure end-to-end connectivity, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks where this is not already the case; (…) 2. When imposing obligations on an operator to provide access in accordance with Article 12, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access, in accordance with Community law, where necessary to ensure normal operation of the network. Conditions that refer to implementation of specific technical standards or specifications shall respect Article 17 of Directive 2002/21/EC (Framework Directive). 3. Obligations and conditions imposed in accordance with paragraphs 1 and 2 shall be objective, transparent, proportionate and non-discriminatory, and shall be implemented in accordance with the procedures referred to in Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 4. With regard to access and interconnection, Member States shall ensure that the national regulatory authority is empowered to intervene at its own initiative where justified or, in the absence of agreement between undertakings, at the request of either of the parties involved, in order to secure the policy objectives of Article 8 of Directive 2002/21/EC (Framework Directive), in accordance with the provisions of this Directive and the procedures referred to in Articles 6 and 7, 20 and 21 of Directive 2002/21/EC (Framework Directive)."
" Article 12 Obligations of access to, and use of, specific network facilities 1. A national regulatory authority may, in accordance with the provision of Article 8, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities inter alia , in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest. Operators may be required inter alia : (a) to give third parties access to specified network elements and/or facilities, including unbundled access to the local loop; (b) to negotiate in good faith with undertakings requesting access; (c) not to withdraw access to facilities already granted; (d) to provide specified services on a wholesale basis for resale by third parties; (e) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (f) to provide co-location or other forms of facilities sharing, including duct, building or mast sharing; (g) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks; (h) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness."
"3 General duties of OFCOM (1) It shall be the principal duty of OFCOM, in carrying out their functions- (a) to further the interests of citizens in relation to communications matters; and (b) to further the interests of consumers in relevant markets, where appropriate by promoting competition. (…) (3) In performing their duties under subsection (1), OFCOM must have regard, in all cases, to- (a) the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and (b) any other principles appearing to OFCOM to represent the best regulatory practice. (…) 45 Power of OFCOM to set conditions (1) OFCOM shall have the power to set conditions under this section binding the persons to whom they are applied in accordance with section 46. (2) A condition set by OFCOM under this section must be either- (a) a general condition; or (b) a condition of one of the following descriptions- (i) a universal service condition; (ii) an access-related condition; (iii) a privileged supplier condition; (iv) a significant market power condition (an "
"1.1 The Communications Provider shall, to the extent requested by another Communications Provider in any part of the European Community, negotiate with that Communications Provider with a view to concluding an agreement (or an amendment to an existing agreement) for Interconnection within a reasonable period. 1.2 Where the Communications Provider acquires information from another Communications Provider before during or after the process of negotiating Network Access and where such information is acquired in confidence, in connection with and solely for the purpose of such negotiation or arrangements, the Communications Provider shall use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Such information shall not be passed on to any other party (in particular other departments, subsidiaries or partners) for whom such information could provide a competitive advantage.
" 'Interconnection' means the linking (whether directly or indirectly by physical or logical means, or by a combination of physical and logical means) of one Public Electronic Communications Network to another for the purpose of enabling the persons using one of them to be able: (a) to communicate with users of the other one; or (b) to make use of services provided by means of the other one (whether by the provider of that network or by another person);"
"(1) Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a condition set under section 45, they may give that person a notification under this section. (2) A notification under this section is one which – (a) sets out the determination made by OFCOM; (b) specifies the condition and contravention in respect of which that determination has been made; and (c) specifies the period during which the person notified has an opportunity of doing the things specified in subsection (3). (3) Those things are – (a) making representations about the matters notified; (b) complying with notified conditions of which he remains in contravention; and (c) remedying the consequences of notified contraventions."
"marketing activity undertaken by BT during the period between a BT customer electing to transfer some or all of his/her calls to an alternative Communications Provider by means of Carrier Pre-selection and the actual transfer taking place, in an attempt to persuade that customer not to transfer: …CPS Save Activity includes all forms of marketing activity – whether by telephone, letter or otherwise."
"29. Once a customer's CPS order is lodged with BT it sends a task to Switch Manager which is the BT system which controls changes to the configuration of customers' lines in the BT local exchanges. Switch Manager then marks the customer and the category of CPS calls (e.g. national, international etc) and which operator will carry the calls. BT sends a message back to the CPSO to confirm that the switchover has taken place. 30. After switchover when the customer makes a call the local exchange looks at the dialled digits to see what type of call is being made. If the call is appropriate to CPS, the local exchange inserts an 8XXX code before the dialled digits and sends them to the trunk network. The call is then routed as per the agreed route plan. If the customer dials an Indirect Access (IA) override code the local exchange would send all of the dialled digits to the trunk network and the call would be routed as per the agreed routing plan for that IA code. 31. BT then raises an INCA (Inter Network Call Accounting) bill for the parts of the call that are carried over the BT network which is sent to the CPS operator."
"marketing activity undertaken by BT during the period between a BT customer electing to transfer some or all of his/her calls to an alternative Communications Provider by means of Carrier Pre-selection and the actual transfer taking place, in an attempt to persuade that customer not to transfer: …CPS Save Activity includes all forms of marketing activity – whether by telephone, letter or otherwise."
" Article 2 Definitions 1. For the purposes of this directive: (a) 'interconnection' means the physical and logical linking of telecommunications networks used by the same or a different organization in order to allow the users of one organization to communicate with users of the same or another organization, or to access services provided by another organization. Services may be provided by the parties involved or other parties who have access to the network; (b) 'public telecommunications network' means a telecommunications network used, in whole or in part, for the provision of publicly available telecommunications services; (c) 'telecommunications network' means transmission systems and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means; (d) 'telecommunications services' means services whose provision consists wholly or partly in the transmission and routing of signals on telecommunications networks, with the exception of radio and television broadcasting; (e) 'users' means individuals, including consumers or organizations, using or requesting publicly available telecommunications services;"
"Information received from an organisation seeking interconnection is used only for the purpose for which it was supplied. It shall not be passed on to other departments, subsidiaries or partners for whom such information could provide a competitive advantage"
"numbering is one of the key facilitators of consumer choice and effective competition in a liberalized telecommunications environment, and that more competition and greater efficiency can be achieved, inter alia, by the availability of call-by-call carrier selection and carrier pre-selection by the customer."
"7. National regulatory authorities shall require at least organisations operating public telecommunications networks as set out in Part 1 of Annex I and notified by national regulatory authorities as organisations having significant market power, to enable their subscribers, including those using ISDN, to access the switched services of any interconnected provider of publicly available telecommunications services. For this purpose facilities shall be in place by1 January 2000 at the latest or, in those countries which have been granted an additional transition period, as soon as possible thereafter, but no later than two years after any later date agreed for full liberalisation of voice telephony services, which allow the subscriber to choose these services by means of pre-selection with a facility to override any pre-selected choice on a call-by-call basis by dialling a short prefix. National regulatory authorities shall ensure that pricing for interconnection related to the provision of this facility is cost-oriented and that direct charges to consumers, if any, do not act as a disincentive for the use of this facility."
"4. …UK operators are developing customer information and consumer protection procedures to assist public understanding of the choices they will have and how the new services will work. (…) 10. CPS will be a standard service on BT's list of standard services, which is part of BT's Reference Interconnection Offer available under Article 7 of the ICD. The same will be true for Kingston. This means CPS will be available to all operators who have rights and obligations to interconnect under Annex II of the ICD on a non-discriminatory basis. Eligible operators will be listed on Oftel's list of 'Annex II' operators. (…) 23 Independent of defining the CPS service and BT and Kingston's responsibility for rolling out network functionality, processes will need to be developed by all operators with an interest in CPS for the preparation, delivery and maintenance of the CPS service to customers. An Industry Process Group has been set up to design and introduce the necessary systems. The Group's work will cover electronic order handling processes with standard protocols, operational support systems to support order handling, and industry documentation, including an agreed Process Manual and a Code of Practice for consumer protection. The Code of Practice will, in particular, have to cover anti-slamming measures. Slamming is the process by which a customer's pre-selections are changed without the customer's full knowledge or consent. Slamming has been a considerable problem in the US. It is not a practice in which reputable operators engage but nevertheless safeguards need to be put in place. Consumer representatives will be involved in the work of the Process Group to ensure that the consumer protection measures introduced in the UK have their support."
"In Community legislation, "access" is a generic concept covering all forms of access to publicly available networks and services, whereas "interconnection" refers to the physical and logical linking of networks. Rules for access and interconnection ensure interoperability and are essential to allow competition to become established. The Commission recognises the fundamental importance of the provision of access and interconnection services, and therefore proposes: maintaining specific Community measures which cover both access and interconnection, building on the principles set out in the Interconnection Directive and the TV Standards Directive, in the case of access to network infrastructure, placing responsibility on National Regulatory Authorities (NRAs) to deal with specific access issues; requiring infrastructure owners with significant market power to negotiate on commercial terms in respect of requests for access; maintaining the possibility of NRA intervention to resolve disputes, in the case of interconnection, maintaining the requirement for cost-orientated interconnection in directives (hard law) but interpreting this concept through Commission recommendations, drawing up Recommendations on access, where appropriate, in particular a Recommendation to Member States on the technical and economic aspects of local loop unbundling (local loops are the links connecting customers' premises to a telecommunications network). The Commission takes the view that the availability of unbundled access to local loops would strengthen competition and could also speed up the introduction of Internet access services. In this context, it adopted a Recommendation on the interconnection of leased lines on 24 November which, inter alia, encourages Member States to take measures (such as unbundling the local loop and licensing wireless local loops) to increase competition for access to the local network, extending the current standardisation framework for telecoms to cover all communications infrastructure and associated services, making carrier selection (a form of network access mandatory for fixed networks under the current regulatory framework for interconnection) available to mobile users by placing obligations on mobile operators with significant market power."
"(26)…There is a risk that an undertaking with significant market power may act in various ways to inhibit entry or distort competition, for example by charging excessive prices, setting predatory prices, compulsory bundling of retail services or showing undue preference to certain customers. Therefore, national regulatory authorities should have powers to impose, as a last resort and after due consideration, retail regulation on an undertaking with significant market power. … However, regulatory controls on retail services should only be imposed where national regulatory authorities consider that relevant wholesale measures or measures regarding carrier selection or pre-selection would fail to achieve the objective of ensuring effective competition and the public interest. (…)"
"1. Within the framework of Directive 2002/21/EC (Framework Directive) this Directive concerns the provision of electronic communications networks and services to end-users. The aim is to ensure the availability throughout the Community of good quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of end-users are not satisfactorily met by the market. 2. This Directive establishes the rights of end-users and the corresponding obligations on undertakings providing publicly available networks and services…"
"1. Member States shall maintain all obligations relating to: (…) (b) carrier selection or pre-selection, imposed under Directive 97/33/EC of the European Parliament and of the Council of30 June 1997 on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of open network provision (ONP); (…) until a review has been carried out and a determination made in accordance with the procedure in paragraph 3 of this Article. (…) 3. Member States shall ensure that, as soon as possible after the entry into force of this Directive, and periodically thereafter, national regulatory authorities undertake a market analysis, in accordance with the procedure set out in Article 16 of Directive 2002/21/EC (Framework Directive) to determine whether to maintain, amend or withdraw the obligations relating to retail markets. Measures taken shall be subject to the procedure referred to in Article 7 of Directive 2002/21/EC (Framework Directive)."
"1. National regulatory authorities shall require undertakings notified as having significant market power for the provision of connection to and use of the public telephone network at a fixed location in accordance with Article 16(3) to enable their subscribers to access the services of any interconnected provider of publicly available telephone services: (a) on a call-by-call basis by dialling a carrier selection code; and (b) by means of pre-selection, with a facility to override any pre-selected choice on a call-by-call basis by dialling a carrier selection code. 2. User requirements for these facilities to be implemented on other networks or in other ways shall be assessed in accordance with the market analysis procedure laid down in Article 16 of Directive 2002/21/EC (Framework Directive) and implemented in accordance with Article 12 of Directive 2002/19/EC (Access Directive). 3. National regulatory authorities shall ensure that pricing for access and interconnection related to the provision of the facilities in paragraph 1 is cost- oriented and that direct charges to subscribers, if any, do not act as a disincentive for the use of these facilities."
" Article 1 Scope and aim 1. Within the framework set out in Directive 2002/21/EC (Framework Directive), this Directive harmonises the way in which Member States regulate access to, and interconnection of, electronic communications networks and associated facilities. The aim is to establish a regulatory framework, in accordance with internal market principles, for the relationships between suppliers of networks and services that will result in sustainable competition, interoperability of electronic communications services and consumer benefits. 2. This Directive establishes rights and obligations for operators and for undertakings seeking interconnection and/or access to their networks or associated facilities. It sets out objectives for national regulatory authorities with regard to access and interconnection, and lays down procedures to ensure that obligations imposed by national regulatory authorities are reviewed and, where appropriate, withdrawn once the desired objectives have been achieved. Access in this Directive does not refer to access by end-users."
" Article 4 Rights and obligations for undertakings 1. Operators of public communications networks shall have a right and, when requested by other undertakings so authorised, an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services throughout the Community. Operators shall offer access and interconnection to other undertakings on terms and conditions consistent with obligations imposed by the national regulatory authority pursuant to Articles 5, 6, 7 and 8. 2. (…) 3. Without prejudice to Article 11 of Directive 2002/20/EC (Authorisation Directive), Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage."
" Article 5 Powers and responsibilities of national regulatory authorities with regard to access and interconnection 1. National regulatory authorities shall, acting in pursuit of the objectives set out in Article 8 of Directive 2002/21/EC (Framework Directive), encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, and gives the maximum benefit to end-users. In particular, without prejudice to measures that may be taken regarding undertakings with significant market power in accordance with Article 8, national regulatory authorities shall be able to impose: (a) to the extent that is necessary to ensure end-to-end connectivity, obligations on undertakings that control access to end-users, including in justified cases the obligation to interconnect their networks where this is not already the case; (…) 2. When imposing obligations on an operator to provide access in accordance with Article 12, national regulatory authorities may lay down technical or operational conditions to be met by the provider and/or beneficiaries of such access, in accordance with Community law, where necessary to ensure normal operation of the network. Conditions that refer to implementation of specific technical standards or specifications shall respect Article 17 of Directive 2002/21/EC (Framework Directive). 3. Obligations and conditions imposed in accordance with paragraphs 1 and 2 shall be objective, transparent, proportionate and non-discriminatory, and shall be implemented in accordance with the procedures referred to in Articles 6 and 7 of Directive 2002/21/EC (Framework Directive). 4. With regard to access and interconnection, Member States shall ensure that the national regulatory authority is empowered to intervene at its own initiative where justified or, in the absence of agreement between undertakings, at the request of either of the parties involved, in order to secure the policy objectives of Article 8 of Directive 2002/21/EC (Framework Directive), in accordance with the provisions of this Directive and the procedures referred to in Articles 6 and 7, 20 and 21 of Directive 2002/21/EC (Framework Directive)."
" Article 12 Obligations of access to, and use of, specific network facilities 1. A national regulatory authority may, in accordance with the provision of Article 8, impose obligations on operators to meet reasonable requests for access to, and use of, specific network elements and associated facilities inter alia , in situations where the national regulatory authority considers that denial of access or unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level, or would not be in the end-user's interest. Operators may be required inter alia : (a) to give third parties access to specified network elements and/or facilities, including unbundled access to the local loop; (b) to negotiate in good faith with undertakings requesting access; (c) not to withdraw access to facilities already granted; (d) to provide specified services on a wholesale basis for resale by third parties; (e) to grant open access to technical interfaces, protocols or other key technologies that are indispensable for the interoperability of services or virtual network services; (f) to provide co-location or other forms of facilities sharing, including duct, building or mast sharing; (g) to provide specified services needed to ensure interoperability of end-to-end services to users, including facilities for intelligent network services or roaming on mobile networks; (h) to provide access to operational support systems or similar software systems necessary to ensure fair competition in the provision of services; (i) to interconnect networks or network facilities. National regulatory authorities may attach to those obligations conditions covering fairness, reasonableness and timeliness."
"3 General duties of OFCOM (1) It shall be the principal duty of OFCOM, in carrying out their functions- (a) to further the interests of citizens in relation to communications matters; and (b) to further the interests of consumers in relevant markets, where appropriate by promoting competition. (…) (3) In performing their duties under subsection (1), OFCOM must have regard, in all cases, to- (a) the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and (b) any other principles appearing to OFCOM to represent the best regulatory practice. (…) 45 Power of OFCOM to set conditions (1) OFCOM shall have the power to set conditions under this section binding the persons to whom they are applied in accordance with section 46. (2) A condition set by OFCOM under this section must be either- (a) a general condition; or (b) a condition of one of the following descriptions- (i) a universal service condition; (ii) an access-related condition; (iii) a privileged supplier condition; (iv) a significant market power condition (an "
" Purpose of this document 1. Carrier Pre-selection is a facility offered to Subscribers which allows them to opt for certain defined classes of calls (see under 'Subscriber Options' below) to be carried by a provider of a Public Telephone Network selected in advance (and having a contract with its Subscriber), without having to dial a routing prefix or follow any other different procedure to invoke such routing. Carrier Pre-selection can be overridden by dialling an Indirect Access Code of another provider of a Public Telephone network (again where there is a contract between the Subscriber and the provider). 2. Carrier Pre-selection must be provided by the relevant Dominant Provider to any of its Subscribers upon request in accordance with this Carrier Pre-selection Functional Specification under obligations imposed on such a Provider under UK legislation implementing the provisions of Article 19 of the Universal Services Directive (2002/22/EC) (see further about those provisions under 'Scope' below). The Dominant Provider must also provide Carrier Pre-selection Facilities in accordance with this Functional Specification under above-mentioned obligations. 3. The Carrier Pre-selection Functional Specification sets out technical and other principles which are intended to effect the efficient implementation and utilisation of Carrier Pre-selection and Carrier Pre-selection Facilities. Scope 4. Article 19(1) of the Universal Service Directive provides that "
"(a) is in or comes into the public domain other than by reason of a breach of this Confidentiality Agreement; or (b) is previously known on a non-confidential basis to the Receiving Party at the time of its receipt; or (c) is independently generated, developed or discovered at any time by or for the Receiving Party; or (d) is subsequently received from a third party without any restriction on disclosure"
"3.3 A receiving party shall restrict disclosure of Confidential Information relating to the other Party to those persons who have a reasonable need to know. Confidential Information shall be used solely for the purposes for which it was disclosed."
"any information, in whatever form, which in the case of written or electronic information is clearly designated as confidential and which, in the case of information disclosed orally, is identified at the time of disclosure as being confidential or is by its nature confidential and including such Confidential Information already disclosed by either Party to the other prior to the date of this Agreement but excluding any information which: (a) is in or comes into the public domain other than by reason of a breach of this Agreement; or (b) is previously known on a non-confidential basis to the Receiving Party at the time of its receipt; or (c) is independently generated, developed or discovered at any time by or for the Receiving Party; or (d) is subsequently received from a Third Party without any restriction on disclosure;"
"3.1 The Parties shall connect and keep connected the BT System and the Operator System at Points of Connection using Customer Sited Interconnect or In-span Interconnect in accordance with this Agreement (…)" "3.3 Each Party shall comply with the Specifications in so far as they apply to the provision of services pursuant to this Agreement" (…) "5.1 The Parties shall convey Calls and provide the services and facilities pursuant to the Schedules". (…) "21.1 Subject to the following provisions of this paragraph 21, a Receiving Party shall keep in confidence Confidential Information and will not (and will use its best endeavours to ensure that its directors, employees and professional advisers will not) disclose such information to any Third Party. (…) 21.3 A Receiving Party shall restrict disclosure of Confidential Information relating to the other Party to those persons who have a reasonable need to know. Confidential Information shall be used solely for the purposes for which it was disclosed. (…) 21.7 Unless otherwise agreed in writing, a Receiving Party shall not use the other Party's Confidential Information to provide commercial advantage to its retail business."
" Carrier Pre-Selection (CPS) – is the service which allows customers to pre-select a carrier(s) (other than their AO) to deliver certain categories of calls and to be billed directly by that carrier Access Operator (AO) - is the operator providing the direct network connection to the customer, also known as the local loop provider or infrastructure operator CPS Operator (CPSO) - is the operator (other than the AO) selected by the customer to carry their calls of a chosen category Customer - is the person / organisation renting the access service (this includes line resellers) Switchover period - is the time between the confirmation of an order and the switch on / over date of the service (this will be a minimum of 10 working days) Reply Slip - is the mechanism agreed within the industry to protect consumers against unauthorised change to their service and is the authorisation from the customer to their AO to allow the change Match - the successful reconciliation of the electronic order and the Reply Slip Calling Line Identity (CLI) the telephone number at the network level (not the presented number that is available to customers as a service)"
"Access Operator" (AO ) – is the operator providing the direct network connection to the customer, also known as the local loop provider or infrastructure operators." "
" 3.2.1 General Assumptions Customers via their chosen CPS Operator(s) will arrange the setting up of the Carrier Pre-Selection service. CPSO(s) will raise electronic orders, on the customer's behalf, with the customer's Access Operator to set-up the CPS service. There will be a number of different orders/transaction interchanges covering a number of circumstances for the set-up, change, removal etc. of the CPS service. The basic steps for a customer order are detailed below. The gaining operator is responsible (and accountable) for the validity of each electronic order it sends to the Access Operator regardless of who raises that order. The electronic order contains details of the CLI(s) and relevant postcode(s) affected. The AO validates the order against its customer database. If the order can't be validated the AO rejects the order with one or more error codes, depending on the stage at which the order is rejected within the AO's systems. In practice, this may result in a corrected order being rejected a second time, but for a different reasons(s) (i.e. at a later validation stage). If the order is valid the AO confirms the order and sends notification of date of impending switch to both losing and gaining operators. The switchover date will be 10 working days from notification by the AO. Both the losing and gaining operators are obliged to notify the customer of the pending switch. If the customer contract is through a reseller, the operator will be responsible for ensuring their reseller notifies the customer of the pending switch. Minimum content of the notification is specified in the 'Notification to Customer of CPS service switchover' section below. The customer may contact either the gaining or losing operator (or reseller) to stop the switch."
"3.2.7 Notification to Customer of CPS service switchover The notification to the customer of the details of the CPS service switchover is the means of protecting customers from having their CPS service introduced, amended, or their account moved from one telecommunications provider to another, without their knowledge or authorisation. Notifications must be sent as a part of any CPS Set-up or Remove order by both the gaining and losing operators. The notification will be by letter and must follow the format of the sample shown below. (…) The minimum content listed below must be communicated clearly to the customer. • Date of notification • CLI(s) affected • CPS options affected (activated or de-activated) • Switchover date • The sender's contact details for any queries."
" Do I have to make a choice? Its up to you. If you do nothing, your current service (including any 'indirect access' services) will not change. How will I get CPS? To receive CPS you will need to get in touch with a CPS Provider. You may need to return a written contract, alternatively you might be able to enter into a contract on the Internet or over the telephone. The CPS options available to you for each phone number are: • CPS for all international calls; • CPS for all national calls; • CPS for all international and for all national calls; or • CPS for 'all calls'. You will be able to choose the same or different companies for national and international calls. You cannot use the 'all calls' option with the other options. What about hard selling? Telephone and door-to-door sales people, who may be working on commission, can be very persuasive. You should think very carefully before either signing something on the spot or agreeing to take a service over the telephone. Before CPS can be set up on your telephone line you will have a 14-day cooling off period. During this cooling-off period you should receive 2 letters; one from your existing telephone service provider and one from your new service provider. Both these letters will explain your options to you and will include contact details if you need to query changes. If you want to cancel the CPS service you will be able to do so by contacting either your new or existing service provider. What happens if I suddenly get a bill for telephone calls from a company I have never heard of? First of all you should make sure that no one else in your household signed up for the service. You should also remember that you can over-ride a CPS service at any point by dialling an over-ride code. You should then follow the guidance given below on changing your service provider. How can I change my provider or service later? If you then want to change your provider, contact the company of your choice. They will do this in the same way CPS was set up in the first place. This will also apply if you decide to change your service back to BT. If you are changing your provider, your current provider will be told of the change automatically. If you want to change all your call options, your CPS provider will also do this in the same way CPS was set up in the first place. If you choose an option that cannot be used with your existing service, your new request will cancel the old arrangements. This means in particular that if you have 'all calls' CPS and decide to change national or international calls to another provider, the other call types in the 'all calls' package will go back to being provided by BT. What if I change my mind before the CPS service begins? If you change your mind after you have entered the contract, you will still have a 14-day 'cooling-off' period to change your mind. To prevent them setting up the CPS service you can contact either BT or the CPS provider you have chosen. If you decide to choose a different provider while you are waiting for your first choice to set up CPS, you must cancel the order within 14 days. The cooling-off period applies to both the new CPS service and any later changes."
"2.40 The joint respondents submitted that BT's use of 'save' activity is in breach of Condition 49.7 of BT's Licence, which states: 'information received from an organisation seeking interconnection is used only for the purpose for which it was supplied. It shall not be passed on to other departments, subsidiaries or partners for whom such information could provide a competitive advantage ." (Emphasis added)
"2.12 Oftel starts from the premise that General Condition 1.2 must be interpreted in the way that most accurately gives effect to the requirements of the EU legislation that it implements, in particular, Article 4(3) of the Access Directive. 2.13 Without prejudice to the generality of the foregoing observation in paragraph 2.12, Oftel believes that there are two distinct elements to the obligation imposed under General Condition 1.2, reflecting the two distinct elements of the obligation contained in Article 4(3) [of the Access Directive]: the general principle: the information is provided for a specific purpose and it should not be used for another purpose; and the competitive safeguard principle: because the passing of information to another party could provide that party with a competitive advantage, such onwards transmission is prohibited other than where this is necessary for carrying out the purpose for which the information was originally supplied."
"2.14 Oftel's view is that the wording of the first sentence of General Condition 1.2 is unambiguous. Where a Communications Provider acquires information from another Communications Provider before, during or after the process of negotiating Network Access, that information should only be used for the purpose for which it was supplied."
" The competitive safeguard principle 2.19 Turning to the second sentence of the relevant provisions, Oftel notes that the prohibition – on passing information to another department, subsidiary or partner – is absolute. General Condition 1.2 identifies a category of prohibited transferees and states why these transferees should not be passed the information to which General Condition 1.2 applies – because such information has the potential to give them a competitive advantage. It is clear to Oftel that information afforded the protection of General Condition 1.2 cannot be passed on by the recipient. Therefore the second sentence of General Condition expands on the first, rather than qualifying or limiting it. Oftel notes that the Community legislator has placed the emphasis on the potential for competitive advantage, rather than requiring that a competitive advantage from the passing on of information be proved in a particular case."
"3.25 In summary, Oftel considers that BT's use of customer specific information provided to it by a Communications Provider during the CPS transfer process is in breach of General Condition 1.2: absent the need for Network Access arrangements, information about a customer switching would not be provided to BT; the information is provided to BT for the purposes of enabling BT to reconfigure its network to enable the customer's calls to be carried over the network of the alternative Communications Provider and to make any necessary notifications to the customer; BT uses this information to engage in marketing activity, i.e. the 'save call' and 'save letter', which is a different purpose from the purpose for which the information was supplied to BT; and the information is initially received by BT Wholesale and is then passed to BT Retail for whom the information could provide a competitive advantage."
"(a) CPS is the mechanism which enables a customer to transfer some or all of his/her calls to an alternative Communications Provider whilst retaining his/her existing telephone line, without having to dial additional codes or use special equipment. (b) The information provided to BT Wholesale by another CPS Operator during the CPS Transfer Process is as follows: (i) CPS Operator ID (ii) Customer's postcode (iii) Customer's telephone number (iv) Date of switchover (v) Routing prefix (vi) Order number (vii) CPS option selected. (c) The flow of information within BT that enabled BT Retail to carry out CPS Save Activity prior to9 December 2003 was as set out at Tables 3.1 and 3.2 of the explanatory statement to the contested Notification. (d) Prior to9 December 2003 BT Retail used the information provided to BT Wholesale during the CPS Transfer Process to amongst other things carry out CPS Save Activity."
"Where the Communications Provider acquires information from another Communications Provider before during or after the process of negotiating Network Access and where such information is acquired in confidence, in connection with and solely for the purpose of such negotiation or arrangements, the Communications Provider shall use that information solely for the purposes for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Such information shall not be passed on to any other party (in particular other departments, subsidiaries or partners) for whom such information could provide a competitive advantage."
"3. Without prejudice to Article 11 of Directive 2002/20/EC (Authorisation Directive), Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times, the confidentiality of information transmitted or stored. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage."
"Where the Communications Provider acquires information from another Communications Provider before during or after the process of negotiating Network Access and where such information is acquired in confidence, in connection with and solely for the purpose of such negotiation or arrangements, the Communications Provider shall use that information solely for the purposes for which it was supplied and respect at all times the confidentiality of information transmitted or stored. Such information shall not be passed onto any other party (in particular other departments, subsidiaries or partners) for whom such information could provide a competitive advantage."
"3. Without prejudice to Article 11 of Directive 2002/20/EC (Authorisation Directive), Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage."
"Where a customer wishes to switch certain call types to another Communications Provider using CPS, BT Wholesale is contacted by the gaining CPS Operator and informed that a BT customer wants to transfer some or all of his calls from BT to that CPS Operator. CPS Operators provide this information to BT in order to: (1) validate the order (by, for example, checking the telephone number against the postcode or checking if there are any services on the customer's line which prevent CPS being set up such as BT's 'light user scheme' …) (2) implement the necessary changes to its network to enable the appropriate class of that customer's calls to be routed to the CPS Operator; (3) provide feedback to the CPS Operator as to the status and progress of the order; (4) provide notification to the losing CPS Operator (if the customer is switching from one CPS Operator to another) of pending and actual cease of CPS service; (5) ensure that the Notification of Transfer letter is sent out; (6) answer customer questions about the order – and possibly cancel the order – if the customer contacts BT, e.g., where a customer contacts BT, having received the Notification of Transfer letter, and wants to know what is going on, wants to stop the transfer because he/she has not given consent to the transfer or wants to know the name of the gaining operator; (7) provide management information to the CPS Industry as a whole and OFCOM as necessary regarding the performance of CPS across the Industry; and, (8) deal with any CPS Operator specific questions or problems that may arise."
"50A.1 The Licensee shall provide Carrier Pre-selection in accordance with the Carrier Pre-selection Functional Specification which does not involve Autodiallers to any of its Subscribers who notify the Licensee in writing that they require it to provide Carrier Pre-selection in accordance with the Carrier Pre-selection Functional Specification which does not involve Autodiallers…"
"50A.2 Pursuant to a request under paragraph 50A.1 above, the Licensee shall provide Carrier Pre-selection Facilities to the Pre-selected Operator on reasonable terms in accordance with the Carrier Pre-selection Functional Specification provided that the recovery of costs thereby incurred and any charges for the provision of such Facilities shall be made by the Licensee in accordance with the provisions contained in paragraphs 50A.3 to 50A.8."
"AA8.1 The Dominant Provider shall provide Carrier Pre-selection as soon as it is reasonably practicable on reasonable terms in accordance with the Carrier Pre-selection Functional Specification to any of its Subscribers upon request . AA8.2 Pursuant to a request under paragraph AA8.1 above, the Dominant Provider shall provide Carrier Pre-selection Interconnection Facilities as soon as it is reasonably practicable on reasonable terms in accordance with the Carrier Pre- selection Functional Specification to the Pre-selected Provider . The Dominant Provider shall also provide such Carrier Pre-selection Facilities as the Director may from time to time direct."
"(i) Interconnection of Public Electronic Communications Networks; or (ii) any services, facilities or arrangements which (A) are not comprised in Interconnection; but (B) are services, facilities or arrangements by means of which a Communications Provider or person making available Associated Facilities is able, for the purposes of the provision of Electronic Communications Services (whether by him or another), to make use of anything mentioned in sub-paragraph (c); and references to providing Network Access include references to providing any such services, making available any such facilities or entering into any such arrangements; (c) the things referred to in (b)(ii)(B) above are- (i) any Electronic Communications Network or Electronic Communications Service provided by another Communications Provider; (ii) any apparatus comprised in such a network or used for the purposes of such a network or service; (iii) any facilities made available by another that are Associated Facilities by reference to any network or service (whether one provided by that provider or another); (iv) any other services or facilities which are provided or made available by another person and are capable of being used for the provision of an Electronic Communications Service."
" 'Interconnection' means the linking (whether directly or indirectly by physical or logical means, or by a combination of physical and logical means) of one Public Electronic Communications Network to another for the purpose of enabling the persons using one of them to be able: (a) to communicate with users of the other one; or (b) to make use of services provided by means of the other one (whether by the provider of that network or by another person)."
"(a) "access" means the making available of facilities and/or services, to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop), access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems, access to number translation or systems offering equivalent functionality, access to fixed and mobile networks, in particular for roaming, access to conditional access systems for digital television services; access to virtual network services; (b) "interconnection" means the physical and logical linking of public communications networks used by the same or a different undertaking in order to allow the users of one undertaking to communicate with users of the same or another undertaking, or to access services provided by another undertaking. Services may be provided by the parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between public network operators;"
"AA8.2 Pursuant to a request under paragraph AA8.1 above, the Dominant Provider shall provide Carrier Pre-selection Interconnection Facilities as soon as it is reasonably practicable on reasonable terms in accordance with the Carrier Pre- selection Functional Specification to the Pre-selected Provider. The Dominant Provider shall also provide such Carrier Pre-selection Facilities as the Director may from time to time direct."
"1.1 The Communications Provider shall, to the extent requested by another Communications Provider in any part of the European Community, negotiate with that Communications Provider with a view to concluding an agreement (or an amendment to an existing agreement) for Interconnection within a reasonable period."
"1. Operators of public communications networks shall have a right and, when requested by other undertakings so authorised, an obligation to negotiate interconnection with each other for the purpose of providing publicly available electronic communications services, in order to ensure provision and interoperability of services throughout the Community. Operators shall offer access and interconnection to other undertakings on terms and conditions consistent with obligations imposed by the national regulatory authority pursuant to Articles 5, 6, 7 and 8. (…) 3. Without prejudice to Article 11 of Directive 2002/20/EC (Authorisation Directive), Member States shall require that undertakings which acquire information from another undertaking before, during or after the process of negotiating access or interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored. The received information shall not be passed on to any other party, in particular other departments, subsidiaries or partners, for whom such information could provide a competitive advantage."
"(1) validate the order by, for example, checking the telephone number against the postcode or checking if there are any services on the customer's line which prevent CPS being set up such as BT's 'light user scheme'…and to reject any orders that cannot be validated; (2) implement the necessary changes to its network to enable the appropriate class of that customer's calls to be routed to the CPS Operator; (3) provide feedback to the CPS Operator as to the status and progress of the order; (4) provide notification to the losing CPS Operator (if the customer is switching from one CPS Operator to another) of pending and actual cease of CPS service; (5) ensure that the Notification of Transfer letter is sent out; (6) answer customer questions about the order – and possibly cancel the order – if the customer contacts BT, e.g. where a customer contacts BT, having received the Notification of Transfer letter, and wants to know what is going on, wants to stop the transfer because he/she has not given consent to the transfer, or wants to know the name of the gaining operator. (7) provide management information to the CPS Industry as a whole and OFCOM as necessary regarding the performance of CPS across the Industry; and, (8) deal with any CPS Operator specific questions or problems that may arise."
"a person who has obtained information in confidence is not allowed to use it as a spring-board for activities detrimental to the person who made the confidential communication, and spring-board it remains even when all the features have been published or can be ascertained by actual inspection by any member of the public."
"1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."