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Complainant: Ofcom own-initiative investigation
Investigation against: Communications Providers and Network Operators who provide/enable Voice over Internet Protocol (VoIP) telephony services to the Public Switched Telephone Network (PSTN)
Case opened: 8 September 2008
Issue: Access to Emergency Call Numbers using VoIP telephony services and the provision of caller location information where required.
Relevant Instrument: General Condition 4 of the General Conditions of Entitlement (“GC 4”)

Update note – 6 March 2009

Ofcom has extended for a further six months its enforcement programme into VoIP providers’ compliance with General Condition 4 – Emergency Call Numbers (“GC4”).  The extended programme now also incorporates our continuing work on the compliance of fixed-line operators with GC4. Background information on our previous fixed-line enforcement programme can be found in the related items section.

Since the enforcement programme focusing on VoIP providers was opened in September 2008 Ofcom has gathered compliance data from a large number of companies using our formal powers.  We have also discussed compliance arrangements with a number of companies and held discussions with the two main Call Handling Agents (who pass calls to the emergency services) on their processes for handling VoIP calls. 

During the extended programme we will continue to collect information and evidence from fixed-line and VoIP providers, network operators and Call Handling Agents in order to actively monitor compliance.  We will also seek to raise awareness of the industry best practice which was recently incorporated into the 999 Liaison Committee’s ‘Code of Practice for Public Electronic Communication Services’.
This programme remains a high priority for Ofcom. Ofcom may initiate separate investigations of named providers which will be announced via Ofcom’s Competition and Consumer Enforcement Bulletin.  However, we may move directly under this programme to take action where, for example, Ofcom has reasonable grounds for believing that a communications provider is contravening GC4. In such cases, Ofcom will announce its action via an update to this Competition Bulletin entry.

End of update note

From 8 September revisions to General Condition 4 came into force. These revisions mean that VoIP providers who enable their users to make calls to the PSTN (i.e. make calls to telephone numbers) must provide the ability to make “999” and “112” emergency calls. The Network Operator must also provide Caller Location Information for calls to the emergency call numbers, to the extent that is technically feasible. These requirements already apply to fixed line and mobile communications providers. In its policy statement of 5 December 2007 (see related item) Ofcom stated that, in relation to VoIP calls, ‘technically feasible’ should be taken to mean that location information need only be provided where the VoIP service is being used at a predominantly fixed location.
This enforcement programme will collect information and evidence from VoIP providers, network operators and call handling agents (who pass calls through to the emergency services) in order to monitor compliance and take enforcement action if required.
Separately, Ofcom also has an ongoing own-initiative enforcement programme on GC 4 which is looking at Communications Providers operating fixed networks (see related item for more details).
Case Leader: Phil Jones (020 7981 3641 e-mail:phil.jones@ofcom.org.uk)
Case Reference: CW/00996/08/08

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