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[Draft] Determination under sections 188 and 190 of the Communications Act 2003 for resolving a dispute between British Telecommunications plc (“BT”) and five other communications providers (“CPs”) concerning Inter-Network Call Accounting ("INCA") billing using Calling Line Identification (" CLI") (referred to in this document as "INCA/ CLI") for NTS calls.

WHEREAS:

(A) Section 188(2) of the Communications Act 2003 (the “Act”) provides that where there is a dispute between different communications providers, and Ofcom has decided pursuant to section 186(2) of the Act that it is appropriate for it to handle the dispute, Ofcom must consider the dispute and make a determination for resolving it. The determination that Ofcom makes for resolving the dispute must be notified to the parties in accordance with section 188(7) of the Act, together with a full statement of the reasons on which the determination is based. Section 190 of the Act sets out the scope of Ofcom’s powers for resolving a dispute which may include, in accordance with sections 190(2) of the Act, making a declaration setting out the rights and obligations of the parties to the dispute, and to give a direction imposing an obligation, enforceable by the parties to the dispute, to enter into a transaction between themselves on the terms and conditions fixed by Ofcom;

(B) Following the review of the fixed narrowband wholesale exchange line, call origination, conveyance and transit markets, the Director General of Telecommunications imposed SMP Conditions AA1(a) and AA11 on BT on 28 November 2003 pursuant to which BT is required to grant Network Access and to provide NTS Call Origination on fair and reasonable terms, conditions and charges and on such terms, conditions and charges as the Director may from time to time direct (“the SMP Conditions”);

(C) On 28 October 2004, Ofcom published a direction under the SMP Conditions, pursuant to which BT is required to use INCA/ CLI for the calculation of charges for NTS calls transiting its network (“the Direction”);

(D) On 2 February 2006 BT wrote to Ofcom asking it to resolve a dispute between BT and certain CPs who had failed to sign, or who had rejected an Operator Charge Change Notice (“the OCCN”) issued by BT on 5 October 2005;

(E) The CPs who are in dispute with BT about this matter are 1RT Group Limited, Colloquium Limited, Flextel Limited, Networks Direct plc and Skytel Limited;

(F) On 27 February 2006 Ofcom decided pursuant to section 186(2) of the Act that it was appropriate for it to handle the dispute and informed the parties of this decision;

(G) In order to resolve this dispute, Ofcom considered, among other things, the information provided by the parties and its relevant duties set out in sections 3 and 4 of the Act;

(H) Ofcom issued a draft of this Determination and explanatory statement on [ ] and responses were invited by 5pm on [ ];

(I) An explanation of the background to the dispute and Ofcom’s reasons for making this Determination are set out in the explanatory statement accompanying this Determination;

NOW , THEREFORE, PURSUANT TO SECTIONS 188 AND 190 OF THE ACT, OFCOM MAKES THE FOLLOWING DETERMINATION:

1. It is hereby declared that, should BT calculate charges for NTS calls originating on BT’s network or NTS calls transiting BT’s network on the terms set out in the OCCN, such provision would be regarded as being on fair and reasonable terms, conditions and charges and on such terms, conditions and charges as Ofcom may direct in accordance with the SMP Conditions and the Direction.
2. 1RT Group Limited, Colloquium Limited, Flextel Limited, Networks Direct plc and Skytel Limited are directed to sign BT's OCCN of 5 October 2005 within 14 days from the date of this determination.
3. Words or expressions used in this Determination shall have the same meaning as in the Act, except as otherwise stated in this Determination.
4. For the purposes of interpreting this Determination, the following definitions shall apply:
1. “NTS” means Number Translation Services.
5. For the purposes of interpreting this Determination;
1. Headings and titles shall be disregarded; and
2. The Interpretation Act 1978 shall apply as if this Determination were an Act of Parliament.
6. This determination shall take effect on the day it is published.
7. This Determination is binding on BT, 1RT Group Limited, Colloquium Limited, Flextel Limited, Networks Direct plc, and Skytel Limited in accordance with section 190(8) of the Act.

David Stewart
A person authorised by Ofcom under paragraph 18 of the Schedule to the Office of Communications Act 2002
[ xx ] June 2006

• Draft determination to resolve a dispute between BT and various communications providers about INCA/CLI [pdf]
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