1. Peter Davies Licensing Adviser OFTEL

2. Electronic communications code Replaces the telecommunications code Extends to all electronic communications providers Additional category of conduit providers

3. Administration of the new code Existing DTI functions will transfer to Ofcom Ofcom will inherit those powers which the Director now exercises DTI will retain the power to make regulations to which the new code will be subject

4. Who can apply for the code Any ECN providing services to the public No longer linked to a licence Granted by a direction by Ofcom Following a written application Requires a public consultation.

5. Administrative charges Costs of the code linked to individual licences previously Power to charge for the code. Only to cover administrative costs No scarce resource value allowed in the Bill although permitted by the Directives

6. Limitations and restrictions Can be limited geographically Will be subject to conditions in the form of regulations made by statutory instrument Subject to other regulations However, these must not be duplicated in code regulations

7. Existing operators Will be deemed to be the subject to a direction by Ofcom Will be subject to the general regulations which replace shed 4 Ofcom can impose fines Can be suspended in the event of persistent breaches

8. When considering granting the code, Ofcom must consider Benefit to the Public Practicability of constructing the network without the code Need to encourage the sharing of infrastructure Ability to provide funds for liabilities Applicant’s conduct

9. Funds for liabilities Oftel consulted twice previously on a revised scheme for providing funds Changes will be implemented by the regulations Any existing arrangements will be saved and continue until replaced

10. Conduit providers New type of code grant created by the Communications Bill Conduit providers not operating networks, but providing infrastructure for operators May need separate policy and May need separate regulation

11. Consultation Oftel is about to consult on a policy for granting the new code DTI is about to consult on the regulations May need to be a separate consultation on the conduit providers