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Regulation of VoIP Services: Access to the Emergency Services

Executive Summary

Introduction

1.1 We (Ofcom) are the independent regulator of television, radio, telecommunications and wireless communications services in the UK. This consultation document sets out our proposed approach to regulating types of Voice over Internet Protocol services (VoIP services) that allow users to call ordinary fixed or mobile phone numbers. Our policy objective is to make sure consumers and other citizens are able to use them to contact the emergency services and that a high level of emergency services access is maintained for society as a whole.

1.2 This consultation will be relevant to all providers of VoIP services, but especially providers of VoIP services that allow calls out to ordinary fixed or mobile phones. It will be of interest to companies that provide public voice services using other technology. It is not aimed at operators using next-generation networks (NGNs), although some issues may be relevant. It will be relevant to the emergency services, consumers of voice services and other citizens.

VoIP voice call services

1.3 Traditional phone services have existed for over 100 years. Voice services using the Voice over Internet Protocol (VoIP) are changing the way voice services are delivered. These services normally use a broadband connection to provide voice calls using VoIP technology through a personal computer (PC) with a handset or headset, or a special adaptor connected to a traditional phone handset. VoIP services could benefit customers by reducing the cost of delivering existing services, providing new services and increasing competition in telephony and broadband. Ofcom aims to ensure that, as voice call services evolve, consumers and citizens are protected.

Calling the emergency services

1.4 One of the most important features of traditional phone services is that they enable users to call the emergency services. The UK’s 999 emergency call service from fixed phones, the first of its kind in the world, was launched in 1937 and extended to all major towns and cities by 1948. The 999 service was introduced for mobile phone users in 1986. BT currently handles around 30 million calls a year from fixed and mobile phones^(-1-).

1.5 Some VoIP services allow users to call the emergency services but others do not. Ofcom is concerned that consumers and citizens are confused about whether they can call 999 from VoIP service. That could cause delays in contacting the emergency services, which could result in serious harm.

The regulatory and policy background

1.6 Ofcom has run two previous consultations on regulating VoIP services: New Voice Services: a Consultation and Interim Guidance, 6 October 2004^(-2-) (the 2004 Consultation) and Regulation of VoIP Services, 22 February 2006^(-3-) (the 2006 Consultation), followed by a regulatory Statement on the Regulation of VoIP Services, 29 March 2007^(-4-) (the March 2007 Statement).

1.7 Regarding the ability to call 999 from VoIP services, in the 2004 Consultation Ofcom set out the policy aim of ensuring consumers are properly informed and protected about 999 access. In the 2006 Consultation, Ofcom added the objective of ensuring the maximum availability of high quality 999 access as voice call services and technology change.

1.8 To meet those aims, Ofcom mandated compliance with a Code of Practice^(-5-) drafted by an industry-Ofcom working group requiring VoIP providers to give their domestic and small business customers information about differences between VoIP services and fixed and mobile phone services. VoIP providers also had to provide labels on-screen or for equipment and an automated message indicating if users could not call 999, to inform users who had not purchased the service.

1.9 Additionally, Ofcom provided Guidelines^(-6-) to help certain VoIP providers (that allowed calls to and from ordinary numbers) to comply with requirements about the reliability of calls to 999 and providing caller location information for use by the emergency services.

1.10 Finally, Ofcom modified a requirement for voice call providers that enables consumers to keep their phone number when they change provider^(-7-), so that it doesn’t give VoIP providers an incentive not to allow 999 calls.

The policy challenge

1.11 In its March 2007 Statement, Ofcom decided to review its approach to ensuring maximum availability of 999 access. That was because:

since the 2006 consultation, there had been a rapid increase in the use of VoIP services: 10% of UK households used VoIP in the last quarter of 2006, compared to 5% in the last quarter of 2005^(-8-);
significant developments in VoIP services and technology meant they were more likely to “look and feel” like traditional fixed and mobile phone services and to replace those services for the mass market in the future;
there was under provision of VoIP services that allowed 999 calls: in a survey of VoIP users conducted for Ofcom in October 2006 (the October 2006 research) 64% of VoIP households surveyed said they had a service that Ofcom knew would not allow them to call 999^(-9-);
a significant proportion of VoIP consumers were confused about whether they could call 999 from their service or not: the October 2006 research found that 78% of UK households with a VoIP service that did not provide 999 access incorrectly thought that it did provide 999 access or didn’t know if it did;
Responses to the 2006 Consultation from the emergency services, Government, the Royal National Institute of Blind People (RNIB) and the Royal National Institute for Deaf People (RNID) expressed similar concerns to Ofcom.

1.12 Therefore, Ofcom undertook to consult further in summer 2007 on 999 access over VoIP and in particular on whether, and if so how, certain VoIP services should be required to offer 999 access. This consultation meets that commitment. In assessing the need to require 999 access, Ofcom said it would carefully consider the possible impact on competition and on market entry and innovation by VoIP providers.

This consultation: policy objectives and options

1.13 The key policy objective of this consultation is to ensure a high level of access to the 999 call service.

We consider two policy options:
Option 1: do not require VoIP services to allow 999 calls; and
Option 2: require all VoIP services that allow users to make calls to traditional fixed phones or mobile phones (called type 2 VoIP services in this consultation), or to make calls to and receive calls from traditional fixed phones or mobile phones (called type 4 VoIP services), to allow users to call 999. Ofcom considers the users of those services are likely to expect to be able to call 999.

1.14 In this consultation, Ofcom recommends implementing Option 2. Research suggests that customer information is unlikely to be enough to tackle under provision or consumer and citizen confusion; VoIP take-up is growing and VoIP services and technology are becoming increasingly similar to PSTN services, increasing the risk of confusion. VoIP is currently the only voice call service not required to allow 999 calls; and Ofcom’s Impact Assessment of the potential costs and benefits of Option 2 estimates there would be significant benefits for consumers and citizens, which would exceed the costs of compliance for the VoIP providers affected.

Complying with Ofcom’s preferred policy option

1.15 Considering what Ofcom’s proposal would mean in practice, currently, all type 4 VoIP providers that offer a publicly available telephony service (known as PATS)^(-10-) are obliged to allow users to make 999 calls. Some other type 4 VoIP services and some type 2 VoIP services also allow 999 calls on a voluntary basis.

1.16 As mentioned from 1.8, in the March 2007 Statement, Ofcom set out Guidelines explaining how type 4 VoIP providers should try to ensure their service is reliable and type 2 and type 4 VoIP providers should provide caller location information to the emergency services. We also set out a Code of Practice on how VoIP providers should inform domestic and small business customers about their 999 service and any limitations. PATS providers also meet some other obligations on emergency planning; operator access and directories; publishing prices, tariffs and terms and conditions; billing accuracy; itemised billing; non-payment of bills; special measures for end-users with disabilities.

1.17 Extending the obligation to allow 999 calls to all type 2 and type 4 VoIP services would mean that providers that do not currently provide 999 access would have to do so and take the Guidelines into account as applicable. Type 4 VoIP providers would become PATS if they met the other PATS criteria and would have to meet the other obligations as well. The Code of Practice places a similar amount of obligations on VoIP services that allow 999 calls as on services that do not.

1.18 If implemented, Ofcom would enforce, monitor and review this policy to ensure VoIP providers are compliant and to enable us to see if our regulations need to be adapted.

Structure of this consultation

1.19 In this consultation, Section 3 provides an overview of VoIP services and the growth of VoIP service provision and take-up. It also sets out the regulatory framework and policy background to this consultation; Section 4 summarises Ofcom’s policy objectives, sets out two policy options for meeting those objectives and explains Ofcom’s reasoning for recommending one of those options; Section 5 considers some of the practicalities for VoIP providers when complying with policy Option 2, if it is introduced; Section 6 provides a summary of Ofcom’s Impact Assessment, which estimates the costs and benefits of Ofcom’s policy proposals; Section 7 and Annex 6 describe the modifications that Ofcom would make to its requirements in order to implement policy Option 2; Section 8 describes the next steps after this consultation closes, including Ofcom’s planned approach to monitoring, review and enforcement. Ofcom’s full Impact Assessment is in Annex 5. There is a Glossary in Annex 7.

Responding to this consultation

1.20 We welcome responses on this consultation to inform our decisions about regulating access to the emergency services from VoIP services. See Annex 1 for an explanation of how to respond, Annex 2 on how Ofcom consults, Annex 3 for the cover sheet for responses and Annex 4 for a list of all the consultation questions, which are also contextualised in this document. The consultation will close at 5pm on 20 September 2007.

Footnotes:

1.- 112 is the single number for emergency calls in Europe. Throughout the rest of this document, references to 999 calls should be read as including 112 calls.

2.- http://www.ofcom.org.uk/consult/condocs/new_voice/anew_voice/

3.- http://www.ofcom.org.uk/consult/condocs/voipregulation/

4.- Statement on the Regulation of VoIP Services, Ofcom, 29 March 2007 http://www.ofcom.org.uk/consult/condocs/voipregulation/voipstatement/voipstatement.pdf

5.- Code on the provision by Service Providers of consumer information to Domestic and Small Business Customers for the provision of Services, which entered into force on 29 May 2007.

6.- Guidelines on the application of PATS obligations to VoIP service providers, which entered into force on 29 March 2007.

7.- General Condition 18.

8.- Source: Ofcom communications tracking survey Q.4 2006.

9.- More information about the results of the quarterly Ofcom communications tracking survey for Q.4 2006 and the October 2006 research are available in the Ofcom Research Report: Voice over Internet Protocol (VoIP), www.ofcom.org.uk.

10.- In summary, PATS are defined as (i) a service available to the public (i.e. a PECS) (ii) for making and receiving national and international calls and (iii) accessing emergency services (iv) through a standard national or international phone number. Those four points are known as the “gating criteria” for the PATS definition. For the full definition, see Article 2(c) of the Universal Services Directive (2002/20/EC) and Ofcom General Conditions (Schedule to the Notification under Section 48(1) of the Communications Act 2003) Part 1 para.1 and GC 18.

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