Statement – February 1998
Appendix 1 Organisations who responded to the consultative document
Appendix 2 Improving accountability consultation document – summary of responses achieved
Oftel is seeking to improve the accountability and transparency of its actions in order to be a more effective regulator in pursuit of its goal of the best possible deal for telecoms customers in terms of quality, choice and value for money.
A consultative document issued in July 1997 sought the views of consumers, consumer organisations, industry and others to nine actions Oftel had proposed to improve accountability.
At the start of the consultation period the Government’s review of utility regulation got underway focussing, among other issues, on enhancing the transparency and accountability of regulatory processes. The responses to the consultative document have, in the great majority of cases, been supportive of Oftel’s proposals and coincide with the direction of the Government’s review. The consultation on this statement was confined to considering the scope for improving Oftel’s current practices. Some of the responses commented on issues beyond Oftel’s remit, some of which fall within the scope of the Government’s review. Further changes impacting on Oftel’s accountability may result from that review.
The actions proposed in the July 1997 consultative document covered the following areas:
The proposed actions resulting from the consultation
In summary the additional actions arising from the consultation are:
(a) that the outline of Oftel’s forward work programme will be debated in an open consultative workshop involving consumer groups and the industry
(b) greater use will be made of Oftel’s website and electronic e-mail to notify clients of publications. Oftel will make documents available in a variety of formats for people with additional needs
(c) more information will be published about consultation responses and consideration given to involving consumer representatives when developing project plans
(d) that time scales for dealing with competition cases, other issues and consumer complaints, will reflect achieved turnaround times and client preferences as well as overall time limits
(e) those telecoms companies and others who feature in the analysis of consumer complaints to Oftel will be notified before data about them is published in Oftel News.
The responses received have helped to enhance and better target Oftel’s proposed actions to improve accountability. Oftel now plans to take forward the implementation of these proposals, as set out in this Statement. Oftel looks forward to working at a higher level of transparency and accountability with consumer groups, the industry and others to help obtain the best deal for the customer.
Comments
Oftel considers that transparency and accountability play an important part in the regulation of the telecommunications industry. Oftel would welcome views on the proposed procedures set out in this statement. Any comments on these procedures should be submitted to by 10 March 1998:
Geoffrey Delamere
Oftel
50 Ludgate Hill
London EC4M 7JJ
Tel: 0171 634 8745
Fax: 0171 634 8893
e-mail: consumer.oftel@gtnet.gov.uk
The objective and purpose of the consultation
1. The communication industries in the UK play a key role in making a major contribution to the success of the UK economy as it approaches the next century. As regulator of the telecoms market, Oftel’s success critically depends on the transparency and accountability of its regulatory decisions, the confidence of consumers and industry and the legitimacy of the regulatory regime generally. By consulting with consumer groups, the industry, government and other bodies on how it can work better, Oftel is seeking to improve the accountability of its actions in order to be a more effective regulator. This statement aims to set out the outcome of the consultation process, and to develop further Oftel’s commitment to transparency and accountability.
2. Last summer Oftel issued a consultative document that addressed the issue of accountability through setting out
3. There were just over 50 responses to the consultation document Improving Accountability - Oftel’s procedures and processes from statutory and non-statutory consumer groups, local authorities and the telecoms industry (see Appendix 1 for list). They indicated that overall, Oftel was seen as having already taken worthwhile and practical steps to improve accountability. There were, however, areas where responses indicated communication and consultation practices could be improved. The responses received were generally supportive of the actions suggested by the consultation process and the further comments and suggestions made have helped develop Oftel’s proposed actions to improve its accountability.
4. In preparing this statement, Oftel has taken account of the National Consumer Council’s code of practice on consultations Government Consultations: Not just a paper exercise.
5. Those areas raised in responses that were outside the scope of this statement, largely falling within the Government’s review of utility regulation, are summarised in Appendix 2. The details of responses to each question in the consultative document are in a separate annex to this document available on request and published on Oftel’s website.
Outcome of consultation
6. Further refinements to actions were identified as a result of the consultation and are described in relation to the original proposed actions in the following pages.
The impact of the actions
7. It is intended that, by introducing the proposed actions from the consultation, Oftel will operate more effectively in its role as a regulator, being more accountable to consumers, the industry and government bodies. By improving consultative process and information collection, analysis and dissemination it will have a better understanding of the communications industry and its users in the UK and abroad, which will be vital for the UK as it moves into the information age.
8. This statement is being given to all attendees of the 10 February Management Plan Workshop, sent to those who responded to the consultative document and, in addition, to the extent that they are not attending the workshop, Advisory Committees on Telecommunications, Telecommunications Advisory Committees, consumer groups, local authorities, telecoms companies and relevant government departments.
Effective consultation on Oftel’S work programme
Action proposed in July 1997 consultation
ACTION 1. Oftel will consult the industry and consumer groups and Government on the shape of its forward work programme and the relative priority to be given to different issues prior to publishing its annual management plan
ACTION 9. Oftel supports the Advisory Committees on Telecommunications (ACTs) Action Plan and their efforts to develop ‘special interest’ networks to gain broader input to their consideration of consumer interests (see Appendix 3).
An overlap was identified between Actions 1 and 9 and the further actions have been based on responses to both sets of questions.
Brief summary of responses to actions 1 and 9
Most responses to these proposed actions were enthusiastic about Oftel’s plans to consult on its forward work programme. A workshop, drawing participants from as wide a range of consumer and industry groups as possible was felt to be an appropriate way of defining issues to be included in the work programme and management plan. Most respondents felt that the detail in the plan was about right; some industry representations requested an organisation chart to be included with the management plan to identify contacts within Oftel.
Further action resulting from consultation
Action proposed in July 1997 consultation
ACTION 2. Oftel will seek to write documents for publication more simply and clearly and will always include a summary and a named contact for further information. All documents will be published on the Internet. Responses should, where possible, be put on the Web sites of those responding and a hyperlink set up to Oftel’s site. Oftel will look into other ways of supplying responses on-line where they are sent in electronic form using a range of common programs. Respondents will be asked to avoid confidentiality markings wherever possible, and otherwise to keep them in a separate annex.
ACTION 9. Oftel supports the Advisory Committees on Telecommunications (ACTs) Action Plan and their efforts to develop ‘special interest’ networks to gain broader input to their consideration of consumer interests (see Appendix 3).
An overlap was identified between Actions 2 and 9 and the further actions have been based on responses to both sets of questions.
Brief summary of responses to action 2 and 9
Although many of those responding are able to receive information by e-mail, it was felt that paper copies should also be available. Information needs to be accessible and in a variety of formats, taking into account special needs and technology. Notification of publication on the Internet is important as otherwise interested parties may not realise new documents have been published.
Further action resulting from consultation
Action proposed in July 1997 consultation
ACTION 3. Oftel will continue to take full account of all responses to consultations and other feedback. It will publish full explanations of why it has taken a particular decision and why alternative options have been rejected. A list of respondents to consultations will be published.
ACTION 8. Oftel will strengthen independent consumer representation by consulting with consumer bodies about its future work programme and involving nominated consumer representatives in policy development on key projects.
An overlap was identified between Actions 3 and 8 and the further actions have been based on responses to both sets of questions.
Brief summary of responses to Action 3 and 8
Oftel’s proposals were supported by all respondents. Consumer representatives would like ‘contact points’ within Oftel to discuss particular issues. Workshops should be held early in the consultation process and were acknowledged as resource intensive. Participants should be selected to reflect the particular consultation issue.
Further action resulting from consultation
Action proposed in July 1997 consultation
ACTION 4. Oftel will continue to use high level advisory panels in future on key areas of policy development as set out in Oftel’s management plan.
Brief summary of responses to action 4
The use of expert advisory panels is generally supported by respondents. Some feel that appointment criteria by which experts are selected for inclusion on panels should be made transparent.
Further action resulting from consultation
Action proposed in July 1997 consultation
Action 5. Oftel’s target timescales for key areas of work will be as set out in Table 2 in Chapter 5 of the consultive document (see following page).
Brief summary of responses to action 5
Some responses suggested amendments to the targets. Some organisations felt that consultation periods did not allow them enough time to contact their membership particularly with regard to the 2 week period for comments on comments. There were concerns that the time targets for competition cases, interconnection determinations and consumer complaints were too long. It was also felt that number allocations could take less than 28 days.
Further action resulting from consultation
It should be noted that the target times for competition cases, determinations and consumer complaints quoted in the consultation document are maxima. Most of the cases are dealt with more speedily than the published targets though it should be borne in mind that the prompt progressing of cases depends on the satisfactory provision of information by all parties concerned. The two month period for full investigation of consumer complaints takes account of the time necessary for a full investigation of a billing dispute.
Feedback to Oftel in a number of fora has indicated that complainants would like, where possible, to have a ‘tailor-made’ timetable for dealing with their complaints, seeking to balance the commercial imperatives and the constraints of due process, within the existing target times.
On the timetable for consultation responses and ‘comments on comments’ it was considered that it could not reasonably be further extended.
| Action 5 | Oftel PROPOSALS | Further action resulting from consultation | |
| Initial stage targets | Closure target times | ||
| General | Phones
- aim to answer in 5 rings; contact name given Mail - initial acknowledgement - within 5 working days provide named contact to letter, fax, Internet e-mail2 |
Phones: to be answered in 5 rings in person or by Voicemail | |
| Policy development |
Overall time scales as published in management plan. For consultative documents: up to 3 months3 for responses for Oftel and 2 weeks for comments on comments | ||
| Licence modification | 28 days and 2 weeks formal consultation | ||
| Competition cases | Complete preliminary enquiry in 30 working days4 | Complete investigation - 75% within a further 3 months, all within a further 6 months. Update on progress every 6 weeks or mutually agreed dates4 | Seek to agree timescale for case with complainant at start of investigation phase |
| Interconnectiondeterminations | |||
| Numbering allocations | Decision to applicant within 28 days of correctly submitted application | If consultation required, decision within 3 months4 | Review scope to change to numbering conventions to reduce initial target time below 28 days. |
| Consumer complaints and enquiries | Telephone complaints/enquiries: same day5 | Full response
to customer: 10 working days Complete investigation in a further 2 months4 |
90% of cases will be closed in 10 working days. All but exceptional cases closed within 2 months. |
Action proposed in July 1997 consultation
Action 6. Oftel will publish consumer complaint/enquiry data and analysis twice a year with the aim of developing broader awareness in the consumer sector.
Brief summary of responses to Action 6
The Consumer groups, ACTs and TACs would welcome this move, with various suggestions as to how to group the data, among categories suggested: mobile phone/disabled people/low user/elderly/business/residential/cable. The Industry response was more cautious, reflecting concerns that such publication could damage industry participants. However it was also noted that this was a useful way for the industry to monitor service quality and customer care.
Further action resulting from consultation
Action proposed in July 1997 consultation
ACTION 7. Oftel will establish a Research Advisory Panel with membership drawn from consumer bodies and the ACTs to commission and advise on consumer research.
Brief summary of responses to Action 7
A number of views were expressed ranging from support for the idea to concern that it would duplicate the activities of others such as ACTs.
Further action resulting from consultation
Organisations who responded to the consultative document
Consumer bodies - 4 responses
Consumers’ Association
ICSTIS
National Consumer Council
RNIB
ACTs - 4 responses
English Advisory Committee on Telecommunications (ENACT)
Northern Ireland Advisory Committee on Telecommunications (NIACT)
Scottish Advisory Committee on Telecommunications (SACOT)
Welsh Advisory Committee on Telecommunications (WACT)
TACs - 27 responses
Aberdeen & District TAC
Aldershot & District TAC
Argyll & Bute TAC
Birmingham TAC
Bognor Regis & Chichester TAC
Central & South Dorset TAC
Clacton & District TAC
Colchester & District TAC
Harwich & Manningtree TAC
East Suffolk TAC
Ipswich & District TAC
Forest of Dean TAC
Gloucester and District TAC
Hastings & Rother District TAC
Leicestershire TAC
Manchester TAC
North Lancashire and South Cumbria TAC
Northamptonshire TAC
Norwich & District TAC
Nottinghamshire Area TAC
Oldham & District POAC/TAC
Plymouth TAC
Purbeck and East Dorset TAC
Scarborough & District TAC
Shropshire TAC
South Holland TAC
Truro TAC
Weston Super Mare TAC
Weston-Super-Mare TAC
Wolverhampton TAC
Local Authorities - 9 responses
Angus Council
Belfast City Council
Down District Council
Hyndburn Borough Council
Ipswich Borough Council
North Down Borough Council
South Ayrshire Council
Tendring District Council
Wansbeck District Council
Industry and industry bodies - 9 responses
BT
Cellnet
Energis
Internet Service Providers Association
Ionica
NTL
One 2 One
Service Providers Interest Group
Telewest
Miscellaneous
Simmons & Simmons (legal practice)
Improving Accountability consultation document – summary of responses received
Generally the answers indicated a favourable response to the proposals described in the consultative document. The summary, available on request, consists of items taken from the responses that contributed to action plans and the aims of the consultation process and would lead to greater transparency and accountability. A full list of responses is held in the Oftel library and copies of individual responses can be made available on request.
The responses received, however, also included comments on issues other than those covered by replies to the questions posed by the consultative document. These fall, in the main, within the Government’s review of utility regulation on which a Green Paper is expected shortly and to which Oftel will publish its response. These issues are not therefore covered here except to mention two of the main types of issue raised:
A further specific issue was of concern for several TACs. They expressed concern that Oftel does not make sufficient use of their knowledge and experience. Oftel’s view is that it wishes to engage with as many organisations and individuals as possible where this can lead to constructive policy development. The consultative process itself and the improvements identified in this statement are intended to give opportunities for all consumer groups and others to make an input to Oftel’s policy development. Oftel, in common with the ACTs, is seeking to enhance the quality of its dialogue with a range of consumer interests - especially with those TACs who provide well thought out and insightful responses.
Click here for the separate annex summarizing details of responses to each question in the consultative document.
Advisory Committees on Telecommunication’s Action Plan (as published in the July 1997 consultative document)
Proposed action by the Advisory Committees and Secretariat following the consultation process on consumer representation in telecoms. The agenda outlined below is designed to increase the effectiveness, accountability and profile of the ACTs.
Increasing visibility
Working style
Committee membership
Resources
