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Background to the consultation

1.1 On 1 March 2006 Ofcom published an updated Statement of Policy on the persistent misuse of an electronic communications network or service (the “Persistent Misuse Statement”)^(-1-). The Persistent Misuse Statement was published in accordance with section 131 of the Communications Act 2003 (the “Act”), and sets out Ofcom’s approach to the use of its powers in section 128 of the Act to deal with persistent misuse of an electronic communications network or electronic communications services. In particular, the Persistent Misuse Statement set out Ofcom’s new approach towards the treatment under section 128 of the Act of silent and abandoned calls, which had been identified as a major cause of annoyance, inconvenience or anxiety for telephone users. The sections of the Persistent Misuse Statement which dealt with silent and abandoned calls were specifically aimed at organisations using predictive diallers in call centres, the single biggest source of silent calls, although Ofcom’s guidance in this area can and does have wider application.

1.2 The principal requirements of Ofcom’s approach to silent and abandoned calls are:

• limiting abandoned calls to a rate not exceeding three per cent of all live calls made in any 24 hour period;
• playing a brief information message giving details about any call answered before an agent is available;
• Calling line identification (CLI) information to be provided on outbound calls, so that consumers may return the call;
• a 72-hour period before a telephone number receiving an abandoned call may be called again without the guaranteed presence of an agent; and
• unanswered calls must ring for a minimum of 15 seconds.

1.3 When the Persistent Misuse Statement was published Ofcom said it expected these requirements and the approach to enforcement that Ofcom intended to adopt would have a real impact on the nuisance of abandoned calls. However we also committed to review the effect of the new approach after twelve months in order to determine whether further changes to the Persistent Misuse Statement were required.

1.4 In accordance with section 131(4) of the Act, Ofcom may from time to time revise that statement published in accordance with section 131(1) as it sees fit. Given the potential impact on stakeholders, Ofcom has decided to consult on its proposed changes to the statement.

Footnotes:

1.- http://www.ofcom.org.uk/consult/condocs/misuse/misuse_state.pdf

• Revised statement of policy on the persistent misuse of an electronic communications network or service [pdf]
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