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Introduction and summary

Background to the consultation

1.1 Under sections 128-130 of the Communications Act 2003 (the “Act”), Ofcom is empowered to take enforcement action when it has reasonable grounds for believing that a person (either an individual or a legal entity) has persistently misused an electronic communications network or electronic communications service. A person misuses a network or service if the effect or likely effect of their behaviour is to cause unnecessary annoyance, inconvenience or anxiety to another person.

1.2 Under section 131 of the Act Ofcom is required to publish a statement of its general policy with regard to the exercise of its powers under sections 128-130. Ofcom’s most recent statement was published on 13 May 2004 at http://www.ofcom.org.uk/advice/misusestatement/

1.3 Section 131(2) of the Act enables Ofcom to revise the statement, from time to time, as it sees fit. Ofcom is now proposing to make significant changes to the statement. Although the Act does not impose a statutory obligation on Ofcom to consult on revisions to the statement, we believe that it is appropriate to bring the proposed amendments to the attention of Ofcom’s stakeholders and to invite their views.

Persistent misuse and silent calls

1.4 Over the last two years there has been growing public concern about the distress caused to consumers by silent calls. Most silent calls arise when call centres misuse predictive diallers to generate more calls than their agents can handle. When a call is answered and no agent is available the call is automatically terminated, resulting in an abandoned call.

1.5 Ofcom believes that organisations that make a significant number of abandoned calls are behaving in a way that constitutes persistent misuse. The generation of silent calls is already identified as a form of persistent misuse in the existing statement. As a result of Ofcom’s own-initiative investigation into seven companies regarding the annoyance caused to consumers by short duration and silent calls (see http://www.ofcom.org.uk/bulletins/comp_bull_index/comp_bull_ccases/closed_all/cw_835/?a=87101) and the research we carried out into consumer attitudes we concluded that companies using predictive diallers need guidance that goes beyond that given in the existing statement.

1.6 This is why we are proposing amendments to the statement. The effect of the amendments is to set out the factors we will take into account in deciding whether or not to take enforcement action under the ‘persistent misuse’ powers. These factors establish a scale of priorities depending on the seriousness of the misuse, its impact on consumers and the value of a deterrent effect.

1.7 In deciding whether to take enforcement action in a particular case Ofcom will also be influenced by the positive steps that call centre operators may have taken to reduce the degree of concern that silent or abandoned calls cause. There are a number of procedures that call centres can adopt which, taken as a package, will act as mitigating factors in establishing the gravity of a particular act of misuse. In summary, these are:

• an abandoned call rate not exceeding three per cent;
• in the event of an abandoned call the playing of a brief information message giving details about the call;
• a 72-hour period before a number receiving an abandoned call is called again;
• CLI information on outbound calls enabling the consumer to call back and request not to be called again;
• a minimum 15 second ring time.

These procedures are set out in more detail in paragraph 5.16 of the consultation.

1.8 The statement also identifies the steps that fax broadcasters can take to reduce the level of annoyance caused when a fax call is made to a phone line. They are set out in paragraph 5.18 of the consultation.

Consultation questions

Q1 Do you agree that consumers are concerned by silent calls and that Ofcom is right to take enforcement action against the companies that make them?

Q2 Do you agree with Ofcom’s proposed approach to taking enforcement action, guided by a sense of administrative priority?

Q3 Do you agree that the range of procedures proposed in the statement will be effective in reducing the degree of anxiety, annoyance and inconvenience caused by silent calls?

Q4 Are there any additional procedures which call centres could adopt to reduce the degree of anxiety, annoyance and inconvenience caused by silent calls?

The full document is available below:

• Statement of policy on the persistent misuse of an electronic communications network or electronic communications service [pdf]
  Consultation - Full Print Version

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