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PUBLIC NOTICEFederal Communications Commission445 12thSt., S.W.Washington, D.C. 20554News Media Information 202 / 418-0500Internet: Federal Communications CommissionTTY: 1-888-835-5322DA: 13-445Released: March 15, 2013GUIDANCE ON OBTAINING LICENSES FORSMALL SATELLITESThe purpose of this Public Notice is to provide guidance concerning FCC licensing of spectrumfor use by non-Federal small satellites, including satellites that fall within the categories of pico-satellites, nano-satellites and cubesats. The advent of such small satellite designs has broughtwith it dramatically lower launch costs, enabling a larger range of organizations to directlylaunch satellites. Institutions such as universities and research organizations that previouslyfound it cost prohibitive to launch their own satellite can now participate in the exploration ofspace. Many of these participants may be unfamiliar with the spectrum licensing, scheduling andother requirements attendant on satellites. This Public Notice seeks to alert affected parties ofthese requirements and thus aid small satellite operators in the planning necessary for asuccessful launch operation.Overview: Operators of non-Federal satellites employing radio communications must belicensed by the FCC. International regulations may also apply to such launches. Schedulingaspects associated with small satellites may be restrictive and require obtaining necessarylicenses well in advance of a launch.The Commission’s rules set forth three different procedures for licensing satellites. TheCommission’s Part 25 rules are the primary vehicle for satellite licensing, and are used forlicensing a wide range of satellite operations, including commercial communication and remotesensing satellites. The Commission’s Part 5 rules cover experimental operations. TheCommission’s Part 97 rules cover amateur radio service satellite operations.1Currently, many small satellite missions involve experimental operations – i.e. scientific andresearch missions, including missions conducted under government contract – and many operatein amateur frequency bands. These satellites are therefore licensed under Parts 5 or 97 of our1The Commission’s Part 97 rules do not provide for the issuance of a specific amateur satellite licensedocument, but instead require a licensed amateur operator to provide information to the Commission priorto launch of the satellite. This information is used to meet obligations under InternationalTelecommunication Union (ITU) regulations and to assess the applicant’s orbital debris mitigation plans.Thus, for purposes of amateur satellite operations, this Public Notice discusses the relevant informationfiling requirements under our rules.2rules. Because of the significant interest in small satellites in the amateur and researchcommunities, the primary focus of this Public Notice is on such operations, although certainguidance in this Public Notice is also applicable to Part 25 licensing.We address specific satellite authorization issues in greater detail, below.Who is eligible? Both amateur and experimental licenses require that the licensee limit itsoperations to specified categories, and/or meet eligibility criteria. Amateur radio transmissionsare primarily for the purpose of exchanging messages with other amateur stations, and our rulesprohibit “communications in which the station licensee or control operator has a pecuniaryinterest, including communications on behalf of an employer....”2For experimental licenses, thescope of permitted services includes experimentation under contractual agreement with theUnited States Government, and communications essential to a research project.3What Frequencies Can Be Used? For amateur radio service satellite operations, availablefrequencies are identified in Section 97.207(c) of the rules. For experimental operations, thereare no specific bands identified in the rules, and operations are on a temporary, non-interferencebasis, i.e., the operations can neither cause interference nor claim protection from interference.Common frequencies authorized for small satellite operations to date have been for the 145-148MHz, 420-450 MHz, 902-928 MHz (ISM), and 2.390-2.450 GHz bands.Who Should Apply? For amateur radio service satellite operations, the amateur satellite controloperator. This operator should have the ability to remove the satellite from a launch manifestand disable space station operations.For experimental operations, the applicant should be the party that ultimately controls decisionsabout the satellite’s mission objectives, design, construction, tendering of the satellite to a launchservice provider or designated launch integrator, and operations of the satellite once on orbit.This is in most cases a university or research institution, but may also be a commercial ventureseeking to test equipment for developmental purposes.How Does One Apply? For permitted amateur satellite operations, a licensed amateur operator4should submit a pre-launch notification not later than 30 days after the date of launch vehicledetermination, but no later than 90 days before integration of the space station5into the launch247 C.F.R. § 97.113(c). See generally 47 C.F.R. §§ 97.111-97.117, 97.207.3See 47 C.F.R. § 5.3 (listing permitted operations in the Experimental Radio Service); see also 47 C.F.R.§§ 5.51, 5.63(a)-(c).4For more information about how to obtain an amateur operator license see:Amateur Radio Service.5As used in this Public Notice, the term “space station” has the meaning given in the ITU RadioRegulations, i.e., one or more transmitters or receivers or combination of transmitters and receiversnecessary for carrying on a radiocommunication service, and located on an object which is beyond, isintended to go beyond, or has been beyond, the major portion of the Earth’s atmosphere. See ITU RadioRegulations S1.61 and S1.64. We note that this definition is significantly broader than how the term iscommonly used (e.g. a habitable spacecraft such as the International Space Station).3vehicle.6These notifications should be submitted via mail to the: International Bureau, FCC,Washington, DC 20554. In order to facilitate processing, applicants may also provide thismaterial via email to: [email protected] experimental licenses, all applicants must first obtain an FCC Registration Number whichcan be done online at FCC Registration System. An applicant shouldthen submit its license application through the Office of Engineering and Technology’s (OET)Experimental Licensing system: (OET Experimental Licensing System Electronic Filing Site); or, for operationslasting less than six months in duration, an applicant should apply for Special TemporaryAuthority (STA) and use the website link available atFCC ELS STA Message Page.Although the experimental licensing rules do not specify required time frames for submittingapplications, OET strongly recommends submission of an application not later than 30 days afterthe date of launch vehicle determination, and in no event later than 90 days before integration ofthe space station into the launch vehicle.What Information is Required to Apply?For Amateur pre-launch notifications:a. A draft “Appendix 4” notification for submission to the InternationalTelecommunications Union (ITU) Radio Regulations. The draft notificationshould be prepared using the ITU software “SpaceCap,” which can bedownloaded from the following link: http://www.itu.int/en/ITU-R/software/Pages/spacecap.aspx.b. A letter from the International Amateur Radio Union (IARU) indicatingcompletion of coordination.For experimental licenses:a. Technical information including frequency, power, emission, latitude andlongitude coordinates of the launch site or test operations.b. Proposed launch schedule including launch date, requested grant date and anycritical go/no go dates relevant to the licenses.c. An overview of the proposed testing.d. A 24-hour contact for interference issues.e. Description of the anticipated orbital parameters or range of orbital parameters(altitude, inclination) in which the satellite will operate.f. A list of any earth stations with which the satellite will communicate.g. If the applicant is also requesting a license to operate an earth station, it shouldprovide the frequency, power, emission, lat/long information for the earthstation as part of their application. If the applicant is planning to communicate6Applicants are cautioned that small space stations may be integrated into the launch vehicle months inadvance of scheduled launch and the launch operator may require a grant of license prior to integration.The FCC will also accept notifications prior to launch vehicle determination, provided that thenotification specifies a sufficiently definite range of orbital parameters to allow us to evaluate theapplicant’s proposed space station operations.4with an earth station licensed to another company, or operated outside the UnitedStates, its territories and possessions, then the technical parameters should beincluded in an exhibit to the application for reference purposes only.h. If the satellite will operate in bands allocated to the amateur satellite service, butwill provide no amateur service, the information required in connection with anamateur pre-launch notification and the results of any notification to orcoordination with the IARU.i. On a case-by-case basis determined by the FCC, which will depend in part uponthe geographic scope of the proposed operations, the information required inconnection with an amateur pre-launch notification.For all small satellite licenses (Part 25, Amateur, and Experimental):Information concerning orbital debris mitigation.7In preparing this information, many applicants find useful the materials developed bythe National Aeronautics and Space Administration (NASA) for assessment of NASAmissions. These materials include the NASA Debris Assessment Software, as well asNASA handbooks and standards for debris assessment, and are available atOrbital Debris Program Office. An orbital debris assessment report preparedconsistent with NASA standards is generally sufficient to meet FCC requirements.8However, applicants should be aware of and address the following:1. For satellites that will maneuver at altitudes used by inhabitable orbitalobjects, the applicant should indicate whether any measures have beentaken to coordinate operations with the operator of such object.2. Although most small satellites can be expected to burn up entirely uponre-entry, if the satellite is constructed with high melting point materialssome components may survive re-entry and present a casualty risk.Satellite designers are urged and expected to follow a “design to demise”approach in choosing materials.97See 47 C.F.R. §§ 5.63(e), 25.114(d)(13)(i), 97.207(g)(1).8For several specific examples, seehttps://apps.fcc.gov/els/GetAtt.html?id=125551&x=.%20https://apps.fcc.gov/els/GetAtt.html?id=127590&x=.9In the event an assessment of the spacecraft re-entry finds surviving materials presenting a casualty riskother than zero, the applicant should provide in its application a detailed discussion of the need for use ofhigh melting point materials, demonstrating that mission objectives cannot be met with an alternativespacecraft design. The FCC considers insurance arrangements as a relevant consideration if the satellitewill be disposed of by atmospheric re-entry, with portions of the satellite expected to survive re-entry.Therefore, the application should also identify steps taken or to be taken to obtain an insurance policylisting the United States as an insured party or additional insured party, and demonstrating that the policywill provide adequate coverage. Consistent with NASA Standards, the FCC staff considers objectssurviving re-entry with less than 15J energy as not presenting a cognizable casualty risk.5What are the Post-Launch Requirements? For both amateur and experimental operations, thelicensee/operator should file a further notification following launch, and not later than 7 daysafter expected commencement of transmissions, indicating the status of the satellite(transmissions commenced, etc.). In addition, no later than three months after termination ofspace station transmissions, the licensee/operator should file a notification of such termination.10All experimental licenses are granted on a non-interference basis, i.e., the licensed operations canneither cause interference nor claim protection from interference.What is the Duration of a License? Experimental licenses are granted for either two or fiveyears. Experimental Special Temporary Authorizations are valid for a six-month period fromdate of grant and are renewable. Most Part 25 licenses are valid for fifteen years. Operation ofan amateur radio service satellite is authorized only so long as the operator’s amateur licenseremains current. For communications associated with new launches/missions, the licensee mustobtain a new license.When is Coordination with Federal Governmental Agencies Necessary? An applicant’sproposed satellite operations may affect spectrum used by Federal Government entities. OETwill determine whether coordination with the National Telecommunication and InformationAdministration is necessary and will conduct such coordination as part of the application reviewprocess. This coordination may result in the license being subject to special conditions.Frequency bands commonly used for small satellite operations that are allocated for Federal useinclude 420-450 MHz, 902-928 MHz, 2.390-2.395 GHz, and 2417-2450 GHz.What if I Have Further Questions? For additional information, contact: Joseph Hill at 202-418-2215 or via email at [email protected] (Amateur Service) or Walter Johnston at 202-418-0807 (Experimental Service) or via e-mail at [email protected] FCC -10Experimental licenses will include a condition to this effect. For amateur satellite operations, see 47C.F.R. § 97.207(v)(2)-(3).

EVP Voter ID correction and verification Electors Verification Program (EVP) 2019: Election Commission of India (ECI) launched its mega Electoral Verification Program (EVP) on 1stof September 2019 (Sunday) across the country. This mega launch took place in all the state and Union Territories of India. The program aimed to update and authenticating electoral details through crowdsourcing. In this article, we have provided details of EVP program, how to update voter ID details though NVSP EVP, add family member, objective of Voter ID EVP scheme.Update: EVP last date extended upto 18th November, 2019 for all states expect for Delhi which is 31st October, 2019 due to SSR, 2020.The Commission has extend the period for completion of EVP and accordingly changed the schedule of SSR, 2020. As general election to the Legislative Assembly of Delhi is due in the first quarter of next year, a separate schedule has been fixed for EVP and SSR, 2020 in Delhi.http://S.No.EventsDelhiOther States1.EVP and other pre-revision activities including rationalization of polling stations.To be extended upto 31stOctober, 2019 (Thursday)To be extended upto 18thNovember, 2019 (Monday)2.Publication of Integrated draft electoral rollBy 15thNovember, 2019 (Friday)By 25thNovember, 2019 (Monday)3.Period for filing claims & objectionsFrom 15thNovember, 2019 (Friday) to 16thDecember, 2019 (Monday)From 25thNovember, 2019 (Monday) to 24thDecember, 2019 (Tuesday)4.Disposal of Claims and ObjectionsBy 26thDecember, 2019 (Thursday)By 10thJanuary, 2020 (Friday)5.Preparation of SupplementsBy 2ndJanuary, 2020 (Thursday)By 17thJanuary, 2020 (Friday)6.Final Publication of electoral rollOn 6thJanuary, 2020 (Monday)On 20thJanuary, 2020 (Monday)Update: Millions of citizen of India have taken benefit of EVP program for updating and correcting details easily online, take benefit of this program by15th October 2019Date extended upto 18th November, 2019. Check how to do correction/updation below.During the launch of this one-stop solution for verification and authentication of Voter ID electoral’s detail on Sunday, Chief Election Commissioner of India Sunil Arora said, “Electoral roll is the foundation of India on which the entire foundation of the superstructure of Election Commission of India stands. I urge all the citizens to participate in the verification program so that the Commission can provide better electoral services in all forthcoming elections.”Election Commissioner Ashok Lavasa also explained the importance of healthy EVP and said just like FIT INDIA campaign launched a few days back was meant to keep all the citizens healthy EVP is launched to improve the health of electoral roll in the country.It was a “Mega Million” launch program as it was launched on the same day and same time in entire country. To give a start to this program, the employees of Commission authenticated and verified their electoral details along with the details of their family.Electoral Verification Program Explained in Hindi | ऑनलाइन इलेक्टर्स वेरिफिकेशन करने का पूरा तरीका | How to Apply for Voter ID Card Online in Hindi | Voter ID Application Statusचेक कैसे करेंVoter ID Application Statusचेक कैसे करें | voter id card correction online| How to check voter id Application StatusTable of ContentsElectors Verification Program (EVP) 2019Objectives of EVP Electoral Verification Program in Hindi | मोबाइल पर इलेक्टर्स वेरिफिकेशन प्रोग्राम का पूरा तरीकाEVP Process through NVSP, BRO and Mobile appNVSP EVPEVP through CSCs (Common Service Centres)EVP through Voter Verification Center (VVC)- EVP through Mobile App (Voter Helpline)- EVP through Voter Helpline-FAQsElectors Verification Program (EVP) 2019Name of the programElectors Verification Program (EVP) 2019Article categoryHow to do correction and updating through EVP program in Voter ID and addition/removal of family memberGoverning BodyElection Commission of India (ECI)Launch of EVP program1stSeptember 2019Commencement of EVP verification program1stSeptember 2019Last date for EVP verificationDelhi – 31st October, 2019Other States – 18th November, 2019Verification ProcessOnline and OfflineOfficial portalNational Voter Service Portal (NVSP)Official website of ECIhttp://eci.gov.inElectors Verification Program (EVP) 2019Login | RegisterClick here Read how to make changes through EVPApply for Voter IDVoter ID form 6Voter ID application StatusNVSP status CheckThis program was launched at all the levels viz.- State/UT level by 32 Chief Election Officers (CEOs), District level by about 700 District Election Officers (DEOs) and at around 1 million Polling Stations by Booth Level Officers (BLOs) / EROs. Along with this, it was also launched simultaneously at all the voter awareness forums of govt. and non-govt. organizations and all ELC platforms of Colleges and schools.The program has started from 1stSeptember and will continue till 18th NOV, 2019.Under this program, the existing electoral and prospective electoral will be able to alter, add, modify, and verify details in their electoral roll by logging on to the NVSP portal, mobile app, and various other facilitation centers.Each electoral will get a username and password through which he/she can also update details about their family member. These details will be further verified by the concerned Block Level Officer (BLOs)/ EROs. With this process, voter get easy access to the electoral details of their and their family members which they can authenticate and get rectified in case of any mistake.Objectives of EVPThe main objective behind the launch of this program is to improve the condition of electoral roll in the country by removing errors & DSE and to improve the level of communication between commission and voters along with providing them better electoral services and facilities.Check out the list of main facilities that citizens can avail under this program through NVSP and mobile app-Verification and correction in the existing electoral details of the citizens.Furnishing details and information of family members and verification of their entries too.Authentication of entry by providing Digi Locker copy or scanned copy of any one of the following documents-Indian PassportDriving LicenseAadhaar CardPAN CardRation CardIdentity card (in case of Government/Semi-Government Officials)Bank PassbooksFarmer’s Identity CardSmart Card issued by RGILatest bill for water/ electricity/ gas/ telephone connectionUpdating details of the family members who are already enrolled but has shifted permanently or expired.Furnishing details of family members (born on or before 01.01.2001) who are eligible but not enrolled () and prospective voters (02.01.2002 till 01.01.2003) residing with the elector.Providing GIS coordinates of House (via Mobile App) in order to avail better electoral services.Feedback related to existing Polling stations and suggestions on alternate polling stations.While the process of verification of details, citizens have to provide their contact details such as emails, mobiles, etc. This will help voters to stay updated about their electoral rolls such as they will get application status, voter slip, status of EPIC, etc. on their registered mobile no. and email. Electors will also get notifications and updates from EC related to polling station details, modifications on serial no., Change in ERO/BLO, etc. on time to time basis.Electoral Verification Program in Hindi | मोबाइल पर इलेक्टर्स वेरिफिकेशन प्रोग्राम का पूरा तरीकाEVP Process through NVSP, BRO and Mobile appAll facilities under the process of verification can be availed through various options provided by the Election Commission such as online portal i.e. NVSP, CSCs, mobile application, Helpline no., etc. The process of verification through each of the available options is shared as under-NVSP EVPNational Voter’s Service Portal (NVSP) is the common service portal for all the voters of the country by the ECI. For registration and Electoral verification through this portal, citizens have logon on it. The step-by-step guide for this process is shared below-Step I- Start by visiting NVSP portal- Click HereStep II- On the homepage of the portal, click on “Login” button as shown in the picture below-Step III- Now, if not registered with NVSP, click on register button as shown in the picture-NVSP EVP registrationStep IV- Registration form will open. Fill all the details such as Mobile No., captcha code. An OTP will be sent to the mobile number entered. After verifying mobile no., enter the EPIC no., email, password and click on “Register” button.EVP registration form at NVSPOn successful registration following page will appear.NVSP voter ID registration messageStep V- Now, a dialog box including the username and password will appear. Enter the captcha code and click on “Login” button.voter ID login at http://NVSP.inStep VI- Users will be directed to the homepage of the portal. Click on “Electors Verification Program”.Electoral verification NVSPStep VII- Electors details will appear. Verification and authentication Status will be indicating “Not Submitted”. Click on “View Details”Step VIII- Now, the complete details of voter will appear. Tick the entries which are to be corrected in the first box. Enter the correct details in second and third box. Upload the photograph and proof of change of name (if any). Enter the place and date and click on “view application preview” option.EVP application previewStep IX- Preview of application will appear. Check all the entries carefully. Click on “Submit” button.Voter ID EVPStep X- Finally corrected details will be submitted and status will be reflected on “My Details” section.EVP voter ID application form submitThis is how verification of details will be done through NVSP.Family Listing & Authentication has been activated now. Follow the below procedure to add family members.Click on the Family Listing & Authentication option as shown in the above image.Now choose the option accordingly.Now, enter your family member Epic Number and click on Add to Family button as shown in the image.EVP through CSCs (Common Service Centres)Verification of details can also be done by visiting CSCs allocated for EVP in each district of the state and UTs across the country. Voters have to visit the nearest CSC and complete the verification process. The details of CSCs listed for EVP can be availed from the state election commission website or office.EVP through Voter Verification Center (VVC)-Voter Verification Centres are similar specially established centers for the EVP. Citizens also have to visit these centers personally for verification.EVP through Mobile App (Voter Helpline)-“Voter Helpline” is mobile app that voters can use for verifying electoral details. They just have to download the app on their smartphones and have to log in. It is available on play store and app store.EVP through Voter Helpline-ECI has also provided a helpline by which voters can verify their details. The helpline no. is 1950.EVP fee at CSC centersA nominal fee will be charged from all the citizens for various facilities.Check the CSC Rates charged for various services given in the table below-Name of the ServicesCSC RatesApplication for adding name in the electoral roll/ filling of form 6Rs.1/- plus GST @ 18%Application fee for overseas voters/ filling form 6ARs.1/- plus GST @ 18%Application for deletion of name in electoral roll- Form 7Rs.1/- plus GST @ 18%Application for correction/ medication in name/ other details in electoral rolls- Form 8Rs.1/- plus GST @ 18%Application for transposition of name – Form 8ARs.1/- plus GST @ 18%Tracking of application status and registration of complaintsRs.1/- plus GST @ 18%Search services Names in electoral roll Status of application Status of grievance Name of polling station Contact details of concerned BLO/ DEO/ ERO/ CEO etc.Rs.1/- plus GST @ 18%Application for issue of replacement of Elector’s Photo identity card (submission of form EPIC- 001)Rs.1/- plus GST @ 18%Photograph through web camera and scanning of documents for uploadingRs.2/- plus GST @ 18%Replacement of EPIC Cards/ Printing of EPIC cards (delivered at CSC)Rs.25/- plus GST @ 18%For enrolment and form processing, if online application is to be submitted and attached soft copy provided by the applicant for necessary documents and photoRs.1/- plus GST @ 18%Printing of EPIC card for first-time voters including home deliveryRs.30/-The same information about the fee is made available at all the CSCs across the country.To make the all the electoral services effective in the nation all the existing voters and prospective voters are advised to participate in this program. It is an important opportunity for all the citizens and voters of the country to verify and authenticate their details in their electoral Roll.

Selling online: an overview of the rulesThis is an edited version of a guide for businesses.E-commerce TMT & Sourcing TMT Retail Education UKThere has been a steady growth in the variety and volume of goods and services which are available on-line to both businesses and consumers, and on-line selling is increasingly seen as a major way for all businesses to save costs. Almost inevitably, as the practice of on-line selling proliferates so does the amount of legislation governing it. This article provides an overview of the law governing on-line sales in the UK and an analysis of the issues that a business should consider before setting up an on-line sales process.The law governing online salesThere are two distinct types of legislation that affect on-line retailers. Firstly, traditional consumer protection regulations apply to all consumer sales made on-line. These regulations are well established, but it is important to remember that they apply to on-line retailers as much as they do to traditional ones. Secondly, there are regulations designed specifically to deal with problems and issues facing retailers on-line.Traditional consumer protection regulationsThese protect purchasers and consumers whether they are buying the goods over the counter of a shop or over the internet. For instance the Sale of Goods Act gives certain rights to purchasers about the quality of the goods they receive, and their rights if the goods fail to live up to these standards. The Consumer Credit Act protects consumers' rights when they enter into an agreement for someone to provide them with loans or credit facilities including circumstances where they buy goods or services using a credit card. The Unfair Terms in Consumer Contract Regulations protect consumers' rights where they enter into agreements with retailers who try to impose unfair terms in the agreement. There are also numerous other pieces of legislation, many of which will apply to different contract and product types.Online regulationsThese regulations are new, and were brought into force largely to protect consumers' rights when they buy products either over the internet or by telephone. They largely derive from EU Directives, and include the E-commerce Regulations , the Distance Selling Regulations and the Electronic Signatures Regulations . These are the regulations that control the actual on-line sales process and they provide the starting block from which we can consider the practical business requirements of on-line retailers.Although the traditional consumer regulations are important for all sales processes, this article focuses on the on-line regulations and how they affect the various stages of the on-line sales process. The next five sections take you through what the regulations require including information that must be provided to a purchaser, the use of electronic signatures, contract formation issues and ensuring your contract is legal.Information that must be suppliedThe various regulations share a central theme: companies should not hide themselves from purchasers, and should provide as much information to purchasers as possible.Company information that must be supplied under the E-Commerce RegulationsThe E-Commerce Regulations require that all commercial web sites make the following information directly and permanently available to consumers via the website:the company's name, postal address (and registered office address if this is different) and email address;the company's registration number;any Trade or Professional Association memberships;the company's VAT number.All of this applies regardlessof whether the site sells on-line. In addition, any commercial communication – that is any email or even SMS text message – used in providing an "Information Society Service" must display this information.The E-Commerce Regulations also require that all prices must be clear and unambiguous, and web sites must state whether the prices are inclusive of taxes and delivery costs.Contractual information that must be supplied under the E-Commerce RegulationsWhen it comes to actually going through the contractual process the requirements for information increase once again and the consumers must be told:the steps involved in completing the contract on-line;whether the contract will be stored by the retailer and/or permanently accessible;the technical means the site uses to allow consumers to spot and correct errors made while inputting their details prior to the order being placed;the languages offered to conclude the contract;The website must also provide links to any relevant Codes of Conduct to which the retailer subscribes and set out the retailer's Terms and Conditions, in a way which allows users to save and print them.All of this information must be provided before the purchaser selects the product and starts the contractual process and it is possible to convey it early on in the sale, without deterring users with an unwieldy sales process. The most common route is to bundle as many of these details into the terms and conditions as possible, and ensure that consumers are appropriately directed to read them.Information that must be supplied under the Distance Selling RegulationsThese Regulations set out the information which must be provided to a consumer prior to the conclusion of the contract.The information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used. This means that the information can be set out on a web page, provided that the information is brought to the attention of the consumers before the contract is entered into. The information to be provided includes all of the information which a supplier should, in any event, wish to provide in relation to:the identity of the supplier;the main characteristics of the goods or services;their price;arrangements for payment and delivery; andthe existence of the right of cancellation created under the Distance Selling Regulations.Information that should be set out in the terms and conditionsThe terms and conditions should:make it clear who is selling the product, together with the geographical and email address;describe clearly what the customer is getting and what it will cost, including all taxes and delivery costs; andidentify the arrangements for delivery of the product.The terms and conditions of the site are very important, and will vary for every retailer. It is important that the terms and conditions are properly drafted, as poorly drafted terms and conditions will expose the retailer to unnecessary risk.Electronic signaturesThe Electronic Signature Regulations apply to any contract and not just those entered into with consumers. In order for there to be a binding contract the following essential elements of a contract must be present:an unconditional offer;an unconditional acceptance of that offer;consideration passing from both parties other than in Scotland where consideration is not a requirement; andan intention to create legal relations, i.e. the parties must intend to enter into a legally binding contract.There must also be certainty as to the terms, parties and subject matter of the contract. For the majority of contracts there is no legal requirement for a signature.Whenever a person buys or sells something he or she is entering into a contract, no matter how small the purchase. In the newsagents, when a person buys a newspaper he or she contracts with the newsagent for the purchase. The newsagent makes an 'Invitation to Treat' by placing the publication on sale. The person offers to purchase it from the newsagent, proffering money, and the offer is accepted (concluding the contract) by taking the money. This is still a contract, although not a word needs to be said, and nothing is written down. However, the essentials of a contract have been formed: an offer (to buy, or sell), an acceptance of that offer, and (everywhere except Scotland) consideration (whether money being paid, or some other form of consideration) for the sale. The various stages of the contractual process will be discussed in more detail later, as it is important to distinguish between who is making the offer and who is accepting it.Signatures are not actually necessary for the conclusion of every contract (your visit to the paper shop could become a chore), but they can have three essential functions when we consider on-line contracts:To identify the person who has bought the product;To indicate a personal involvement, or trustworthiness; andTo indicate an intention to be bound to the contract.The principal, and simple effect of the Electronic Signature Regulations is to make electronic signatures legally valid. Most of the discussion, and further interpretation of electronic signatures actually comes from a report published in December 2001 by the Law Commission entitled "Electronic Commerce: Formal requirements in Commercial Transactions", and in subsequent guidance from the DTI.Depending on exactly what is being sold the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract. However, for more complex products being sold on-line, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.Depending on the value and/or importance of the transaction the parties may want a greater degree of certainty as to reliability of the signature. This may involve the use of public key infrastructure, for example.Contract formation issuesThe main issues considered in this section are how, when and where the contract is formed. This involves an analysis of the contract formation procedure based on the principle of offer and acceptance and the significance of the "country of origin" principle.The offer and acceptance procedure onlineStep 1: Establishing the offer and acceptance procedureThis is where the E-commerce Regulations can be used to the seller's advantage. It is possible to sell on-line and take payment by credit card without concluding the contract on-line. The solution is to provide that the customer is making an offer on the site and that the contract will be formed only if the customer's order is accepted – and that taking payment from the customer's credit card does not indicate cceptance.On-line merchant accounts provide for making refunds to a customer's credit card. Therefore, the terms should explain that, while the customer's card may be debited before the contract is formed, if the customer's order is ultimately rejected, a refund will be made immediately.Step 2: Completing the order formThe customer is taken to the order form where he completes the quantity of goods and his delivery details. It would be good practice to offer three buttons: submit, clear and cancel. The "clear" button is needed because the E-Commerce Regulations require a means for the customer to correct any errors.Step 3: Incorporating the terms and conditionsAt the bottom of the terms and conditions page the purchaser should, ideally, be required to check a box to indicate that he or she has read, understood and accepted the terms and conditions, before clicking the "Accept" button. The "Accept" button should not work until the box has been checked. Equally the page should be designed in such a way that the consumer cannot check the box and click "Accept" until the page has fully loaded onto the screen. By doing this, you improve your position in the event that a purchaser claims there was no opportunity to read your terms.While there is no responsibility on the retailer to ensure that the consumer has in fact read them, following this procedure will demonstrate that reasonable efforts have been made to bring them to purchasers' attention. The terms and conditions should be in a format that can be printed or saved – therefore avoid pop-up windows and ensure that they fit within the width of the page and are presented in a way that they will print properly.It is wise to also include a term like the following:"By clicking the 'Accept' button you agree to these terms and conditions. By completing and submitting the following electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract."The words, "if accepted by us," are very important.This approach is the suggested 'best practice' approach for relaying the terms and conditions, and ensuring that the consumer has read them. However, it is not the most consumer friendly approach to present the purchaser with a screen of 'small print' in the middle of what, to the consumer, was an otherwise normal shopping experience. Therefore a number of on-line retailers adopt a second-best approach, which is to include a link to the terms and conditions, and make the consumer tick a box to confirm that they have read and accepted the terms and conditions, before they click the main button to buy the product. This approach, while not as legally secure, is probably acceptable in a number of purchasing models.Step 4: Taking the consumer's credit card details on-lineAt this stage, the user should be taken to the page on a secure server where his credit card details are taken. This page should state: "Your card will be debited with the sum of £X when you click the Submit button. This will be refunded if your offer is refused." Repeat the choice of submit, clear and cancel.Step 5: Acknowledging receipt of the orderWhen the card details are validated, the E-Commerce Regulations require that you give the customer an acknowledgement page and send an acknowledgement email. This should not confirm a contract; it should instead confirm that the order has been received and that the order is being "processed". It is helpful to give the customer an order number at this stage so that he or she can chase-up any problems. It is good practice, though not legally required, to ask the user to click a button on a confirmation page to indicate that he has read the confirmation – e.g. a "Continue" button, linking to the homepage of the site.Step 6: Providing confirmation of the information provided and the right to cancelThe Distance Selling Regulations now require the supplier to provide the consumer in writing or in another durable medium confirmation of the information provided prior to the conclusion of the contract and details of the right of cancellation. Generally a consumer has a period of seven working days within which to cancel the contract and return the goods to the supplier. The only cost to a consumer will be the cost of returning any goods received by it to the supplier.A consumer will not be entitled to cancel a contract after it has been entered into, where the supplier has commenced the provision of services with the consumer's agreement prior to the end of the cancellation period then the consumer will not have the right to cancel the contract for the provisional services. However, in order to benefit from this exception, the supplier must have advised the consumer that the consumer will not be able to cancel the contract once the performance of the services has begun with the consumer's agreement.It is not possible to contract out of the Distance Selling Regulations. Any term which attempts to do this will be void to the extent that it is inconsistent with the provisions of the distance Selling Regulations.Step 7: DeliveryFinally, dispatch the goods. If a typo mislabelled an item costing £200 at £2 and someone ordered 500 of them, the site could politely – and legally – refuse the order. This is because by following the procedure set out above the dispatch of goods is in effect the acceptance of the offer made by the consumer at the start of the process. Until this point there has been no acceptance and only an acknowledgement.The "country of origin" principleThe E-commerce Regulations apply a "country of origin" principle. In its simplest form, this means that as long as a UK business complies with UK laws, it can "ignore" the laws of other Member States. In general terms this is a definite bonus for on-line retailers. However, recognising that such an approach would be bad news for consumers, this basic rule is qualified.The E-Commerce Regulations do not apply the country of origin principle to the terms of consumer contracts. In practical terms, this means that a UK-based e-commerce site's terms and conditions should meet the laws of every Member State in which consumers can buy its products, not just UK laws.As a result of the consumer contract exception, any site selling to French consumers must provide its terms and conditions in French – otherwise they may be considered invalid. If selling into Denmark, consumers must be given a 14 working day cooling-off period during which the consumer can change his or her mind about the purchase and return the goods for a refund. In the UK, the cooling-off period is only seven working days. These are only examples, of course there are many other differences.Despite this significant qualification, there are still advantages in the Regulations' country of origin principle that can benefit a UK-based business. For example, the UK's retail laws are among the most relaxed in Europe. This can give UK businesses advantages over, say, German competitors. A German e-tailer must comply with any German restrictions on promotional offers; its UK rival escapes such restrictions, even when selling to German consumers.Ensuring your contract is legalIt is important for e-commerce retailers to ensure that the contract which is formed with the consumer under the process described above is both legally correct and also affords the retailer the maximum protection. There are various ways in which the contracting process can be structured to be legally correct, and it is important to balance absolute best practice, and a more commercial approach which is still legally correct. Equally, it is surprisingly easy to structure the process in a way which is legally incorrect, and which exposes the company to more risk than is necessary.