chapter  15
29 Pages

The British Telecom/Mercury interconnect determination: An exposition and commentary

ByM. E. Beesley, B. Laidlaw

Our subject is ‘Determination of terms and conditions for the purposes of an agreement on the interconnection of the British Telecommunications Telephone System and the Mercury Communications Ltd System under Condition 13 of the licence granted to British Telecommunications under section 7 of the Telecommunications Act 1984’, issued by the Office of Telecommunications in October 1985. No short title is given. That fortyfour words are used well illustrates one need for this paper. The determination is a document to which court actions may refer in the future. One issue might be how well Bryan Carsberg, the Director-General of Telecommunications, has discharged his duties under the 1984 Act; hence the extreme care to present a fastidious document in legal language. In contrast with its custom on other issues, Oftel cannot wisely provide a layman’s interpretation or explanatory comment, for the same reason.