ch0700c03A
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ACT STAGE
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THE ACT, DATE OF CREATION ON MILES
Electronic Communications Act 2000
c. 7
13
Part III
(6C) Where the Director has given notice under subsection (2)
above of a proposal to modify the conditions of a licence, he may in
such manner and at such time as he considers appropriate publish—
(a) the identities of any or all of the persons who objected to
the making of the modification; and
(b) to the extent that confidentiality for representations or
objections in relation to the proposal for the modification
has not been claimed by the persons making them, such
other particulars of the representations or objections as he
thinks fit.
(6D) In this section and section 12A below (except in subsection
(6C) above), a reference to a representation or objection, in relation
to a modification, is a reference only to a representation or objection
which—
(a) was duly made to the Director within a time limit specified
in the case of that modification under subsection (2)(c)
above or section 12A(5)(d) below; and
(b) has not subsequently been withdrawn;
and for the purposes of this section and section 12A below
representations against a modification shall be taken to constitute
an objection only if they are accompanied by a written statement
that they are to be so taken.
(6E) In this section and section 12A below ‘relevant licensee’, in
relation to a modification, means—
(a) in a case where the same or a similar modification is being
proposed at the same time in relation to different licences
granted to different persons, each of the persons who, at
the time when notice of the proposals is given, is
authorised by one or more of those licences to run a
telecommunication system; and
(b) in any other case, the person authorised by the licence in
question to run such a system.
(6F) In this section references to a modification of the conditions
of a licence do not include references to any modification to which
effect is given by the exercise of a power under the terms of any
licence to revoke it and by the grant of a new licence.”
(4) After that section there shall be inserted the following section—
“Agreement
required for the
purposes of
section 12.
12A.—(1) The requirements of this section are satisfied
in the case of a modification if any of subsections (2) to (4)
below applies.
(2) This subsection applies if—
(a) it appears to the Director that the relevant
licensee or, as the case may be, each of the
relevant licensees has been given a reminder, at
least seven days before the making of the
modification, of the Director’s powers in the
absence of objections; and
(b) there has not been an objection by a relevant
licensee to the making of the modification.