REGULATION UPDATE
www.comms-dealer.com
FCS urges compliance
Michael Eagle, General Manager of FCS,
examines the implications of planned changes
to The General Conditions of Entitlement
– part of the Communications Act 2003.
Codes of practice and Directory information (GC19)
dispute resolution (GC14) – Customers are entitled to a
– The requirements in this area directory enquiry listing (including
have changed significantly an entry in the phone book) for
over recent years and further both fixed and mobile telephone
changes are imminent. numbers. This may often be
facilitated via the wholesale
Currently, CPs must provide a basic provider but CPs are obliged to
code of practice (as per GC10), comply for all PATS services.
a code of practice for complaints
handling, access to an approved Service migrations (GC22) – This
Michael Eagle dispute resolution scheme, a GC, which was introduced in
code of practice for sales and 2006, focuses primarily on
T
he General Conditions emergency services by using the marketing, and a code of Practice provision of MACs to facilitate
of Entitlement are a part emergency call numbers ‘112’ for Premium Rate Services and broadband migrations. As with
of the Communications and ‘999’ (at no charge). This Number Translation Services. number portability, resellers must
Act 2003 and thus have may be an issue for some VoIP not withhold cooperation as a
the force of law. A requirement services, and resellers offering Ofcom has recently consulted on means of enforcing contracts
to comply with the General such services should ensure that changes to complaints handling or to obtain payment.
Conditions effectively replaced their wholesale service provides which will almost certainly lead
the old licencing system and this facility. Resellers should not to changes in this area, and its Mis-selling (GC23 and proposed
Ofcom has powers to fine or assume that the wholesale provider proposals for new GCs on mis- GC24) – The new GC23 which
close down services in cases of is responsible for compliance. selling (see 23 and 24 below) covers mobile services has
non-compliance. The regulation envisage the removal of the been published as part of an
applies to all companies providing Minimum contract terms (GC 9) requirements for a sales and Ofcom statement issued in
‘electronic communication – The requirement is that contracts marketing code from GC14. March and its provisions will
services’ which, therefore, includes offered by communications However, the proposed new GC24 apply to fixed providers who
VoIP, mobile and other wireless providers (CPs) must provide the contains a requirement to provide also re-sell mobile services.
services as well as fixed. Many of specified minimum information ‘comprehensive information’
the fundamental requirements including the identity of the in this area which a code of Ofcom is currently consulting on
contained in the general CP, details of the services practice seems very likely to fulfil. a new GC24 which will explicitly
Conditions will be fulfilled by the offered, tariffs, and associated prohibit certain practices (including
network operators who provide terms and conditions Number portability (GC18) – The mis-use of Cancel Other) and
the infrastructure and wholesale requirement of the GC is to provide require introduction of, for
services used by resellers. However, Transparency and publication number portability ‘as soon as it is example, call recording as a part
there are a number of areas of information (GC10) – This sets reasonably practicable’. While in of improved record keeping. As
where ensuring compliance falls to out the information about a practice this may be organised via noted above, CPs will also be
the reseller. Ofcom will generally CP and its services which must a third party, resellers must ensure required to publish comprehensive
expect the communications be provided to customers and that they are not obstructive or information in this area.
n
provider who owns the customer potential customers on request. responsible for any delays. Resellers
relationship to be responsible for The information required is similar must not withhold cooperation with If you have any queries on the
compliance in these areas. to that required for contracts the porting process as a means interpretation of any of the above
and can normally be provided of enforcing contract terms or to requirements, please contact
The following General Conditions as part of a regulatory code of obtain outstanding payment. FCS at meagle@fcs.org.uk.
(GCs) are, therefore, of most practice (see GC14 below).
direct relevance to resellers:
Itemised bills (GC 12) – It is an Resellers should not assume
Access to emergency call absolute requirement to provide
that the wholesale provider
numbers (GC 4) – The basic itemised billing on request.
requirement is to ensure that end- However, a reasonable charge
is responsible for compliance
user customers can access the can be applied for doing so.
18 COMMS DEALER MAY 2009 www.comms-dealer.com
18 PG FCS.indd 1 24/4/09 12:13:40
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