Is a supplier of terminal equipment providing an associated facility?
9.1 Some service providers have expressed concern that the Communication Bill’s definition of an ‘associated facility’ is broad enough to catch terminal equipment such as a mobile telephone and so bring the suppliers of such equipment within the sphere of regulation as providers of associated facilities. However this is not the case. Terminal equipment within the scope of the Radio Equipment and Telecommunications Terminal Equipment Directive (99/5/EC), such as mobile phones, is explicitly excluded from the new regulatory framework. 9.2 Although it is not possible to itemise every conceivable facility that would count as an associated facility (which in many cases is likely to depend on a particular set of circumstances) Oftel’s understanding is that it refers to wholesale inputs into the provision of electronic communications networks and services that are not themselves networks or services but which support their provision. Frequently cited examples are electronic programme guides a
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