Clause 29 - Advance notification to OFCOM
Communications Bill
11:00 am
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
The hon. Gentleman is right in what he said about the authorisation directive but, as I said a few minutes ago, four directives are being transposed into UK law and the access directive clearly foresees the regulation of persons who make available associated facilities. That is why such facilities are mentioned in clause 29. To ensure that regulation is effective, Ofcom may very well need to know who is
making associated facilities available. So clause 29 is not inconsistent with the directives. It is reasonable to provide for the possibility that associated facilities should be designated alongside designated networks and services, if Ofcom deems that necessary.
I emphasise that the provision is only a power. That is consistent with the Bill's requirement not to impose unnecessary obligations. Oftel's current view—I stress that it is a current view—is that, for the time being, there should be no designated networks, services or associated facilities requiring advanced notification. However, the provisions are necessary to implement the limitations that the authorisation directive imposes on any notification process and to circumscribe Ofcom's power, if it considers that such a notification process is required in the future. We need to have in the Bill the ability for a notification process to be introduced. Oftel currently has no intention of taking the option up.