‘No L 360/36 Official Journal of the European Communities 21. 12. 82 COMMISSION DECISION of 10 December 1982 relating to a proceeding under Article 86 of the EEC Treaty (IV/29877 — British Telecommunications) (Only the English text is authentic) (82/861/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof, Having regard to an application lodged under Article 3 of Council Regulation No 17 on 22 June 1979 by Telespeed Services Limited against the United Kingdom Post Office, Having regard to the decision of 18 April 1980 to open proceedings in this case, Having given the United Kingdom Post Office the opportunity to make known its views on the objec- tions raised by the Commission, in accordance with Article 19 of Council Regulation No 17, and with Commission Regulation No 99/63/EEC of 25 July 1963 (3 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17, After consultation with the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas : 1. THE FACTS A. British Telecommunications (1) British Telecommunications is a public corpora- tion established under the Telecommunications Act 1981, an enactment of the United Kingdom Parliament. {2)  British Telecommunications has, under the Telecommunications Act 1981, a statutory duty to provide telecommunication services and a statutory monopoly for the running of telecom- () OJ No 13, 21. 2. 1962, p. 204/62. ) O] No 127, 20. 8. 1963, p. 2268/63. &) 6 @) munication systems throughout the United Kingdom. During most of the time in which the activities later described took place the telecommunica- tion services now provided by British Telecom- munications were provided by the United Kingdom Post Office under the Post Office Act 1969, also an enactment of the United Kingdom Parliament. British Telecommunica- tions assumed the responsibilities of the United Kingdom Post Office for telecommunication services from 1 October 1981 under the Tele- communications Act 1981. The enactment of the Telecommunications Act 1981 formed part of the measures taken by the United Kingdom Government with the inten- tion of encouraging competition in the telecom- munication field. Both British Telecommunications and the United Kingdom Post Office are hereinafter referred to as ‘BT. B. The International Telecommunication Convention and Union All EEC Member States are among the signato- ries of the International Telecommunication Convention (ITC) which lays down the purposes and structure of the International Telecommu- nication Union (ITU). The International Tele- graph and Telephone Consuitative Committee (CCITT) is one of the permanent organs of the ITU. Under Article 11.1 (2) ITC the duties of the CCITT shall be to study technical, operating and tariff questions relating to telegraphy and telephony and to issue recommendations on them. Members of the CCITT are the telecom- munication administrations of all ITU member countries, as of right, and any recognized private operating agency which, with the approval of the member country which has recognized it, expresses a desire to participate in the work of the Committee. BT is such a recognized private operating agency.