| Oftel management plan 2003-04 - 1 April 2003 | ||||||||||||||||||||||||||||||||||||||
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Oftel’s regulatory principles – as updated April 2002
Summary of Oftel regulatory decisions, 2002-03 B.1 This annex updates the information published in last years management plan and the 2001 annual report. The intention is to capture Oftel's main activities and decisions as reflected in its publications and press releases. The presentation of this material has been further developed since the annual report with further sub-categorisation as follows:
April 2002-March 2003 (including major cases) Removal of regulation Proposed
Implemented
Forbearance
Self-regulation
Co-regulation Oftel/Industry initiatives
Oftel guidance/aids to transparency
Formal regulation Proposed
Implemented
Other significant actions that do not fit readily fit into the above categories
Compliance decisions Service Delivery agreement (SDA): Target 4 Encourage and secure a reduction in significant anti-competitive practice by taking effective action. The outcomes of compliance cases have been analysed for the year 2002 and compared to those for previous years with a view to identifying recurrent behaviour. The analysis has focused on cases relating to abuse of market power in which either Oftel took enforcement action or the company changed its behaviour. In 2002, there were two such cases compared to 11 in 2001 and eight in 2000. This analysis implies that, in general, there is relatively little in the way of recurrent abuse of market power. As an example of Oftel action intended to provide a clear dis-incentive for repeat behaviour, Oftel responded to a complaint received in December 2002 by taking action against BT for offering a discount which was not "published and fully transparent" (in breach of its licence condition). Oftel has targets for timely completion of cases. Results for 2002 are given below:
The average time to complete full investigations (based on cases closed in a calendar year ) fell from 5.2 months in 2001 to 4.9 months in 2002. Oftel implemented a substantial re-organisation of the way it manages cases at the start of the second half of 2002. A better measure of how effective these changes have been in relation to timely completion of full investigations is to examine the duration of cases both opened and closed in a particular period. As at 11 March 2003 Oftel had closed 83% of full investigations opened during 2002 (78 investigations were opened in 2002 of which 65 had been completed by 11 March 2003) and these took an average of 3.5 months to complete. This compares with an average of 4.8 months for the 75% of full investigations that were opened in 2001 and closed by 11 March 2002 (71 investigations were opened in 2001 of which 53 had been completed by 11 March 2002). Oftel is monitoring its use of the Competition Act to ensure consistency with its strategy (to rely on competition legislation to control anti-competitive behaviour wherever possible). In 2002, Oftel opened 10 cases under the Competition Act, compared to five cases in 2001. As outlined in its Competition Act strategy statement of 1 July 2002, Oftel expects to investigate, and where appropriate take enforcement action, under the Competition Act rather than under the sectoral regime in cases where behaviour could contravene both the Competition Act and the sectoral regime. Since implementation of the strategy Oftel opened 13 cases that it might have investigated under either the Competition Act or sectoral rules. Of these cases, nine (69%) were opened as Competition Act investigations (this compares with one case during the first half of 2002). However, following initial investigation, Oftel switched to sectoral powers in two of the nine cases. Oftel noted in its strategy statement that it may decide at any stage in an investigation that it is more appropriate to carry out the investigation under the sectoral regime rather than the Competition Act. However, in line with the strategy these cases were initially opened by Oftel as Competition Act investigations. Oftel also monitors the ratio of cases completed under the Competition Act to the number that were started under the Competition Act. Oftel’s target is that this ratio should be greater than 50%. As outlined earlier, of the nine cases opened as Competition Act cases, Oftel investigated seven under the Competition Act. Four of these cases had been completed by the end of 2002 and all were closed under the Competition Act. Indicative EU market review timetable
Note: More detail on precise timings and progress will be made available to stakeholders via the Policy Focus Group as necessary * The review will not be completed before the end of July and Oftel will publish a timetable in due course ** This review is on hold pending the outcome of the EU [DG Competition] enquiries Annex D Indicative consumer protection policy review (CPPR) timetable D.1 The tables below indicate when existing consumer protection policy areas will be subject to review. Table 1 lists projects and programmes that Oftel intends to give priority to reviewing in 2003-4*.Table 2 lists projects/programmes with later review dates or where review timings are still to be determined. The timetable has been split this way so as to give stakeholders indication of Oftel’s priorities as regards consumer protection policy review. The timetable also includes activities that will not formally be a CPPR ie Ombudsman Service compliance check on alternative Dispute Resolution mechanisms. It should however be noted that this in an indicative timetable only and may be subject to revision. Table 1: Indicative review timetable for Oftel projects/programmes, 2003-04
Table 2: Indicative review timetable for other Oftel projects/programmes
*The first phase of a CPPR will include a feasibility study of the scope and complexity of a policy review area including pre-consultation review work, where appropriate this may lead to a change in the review timetable and extent of the review to be undertaken. ** Universal Service Obligations cover a range of issues, as such any reviews undertaken would cover specific and appropriate areas of policy within the context of fulfilling USO obligations *** The Welsh Language Act 1993, Northern Ireland Act 1998 and race Relations Act 1976 require regular monitoring and review of all three schemes which is detailed in the management plan. Whilst the existence of the schemes is not subject to review, their effectiveness will be subject to review. Note to table The above list is based on projects and programmes appearing in Oftel's 2003-04 management plan. It does not include areas of work, which are: primarily market review based; or relate to the overall framework of regulation; or, comprise a one-off action which is not suited to a cyclical review process. Developing Oftel’s understanding of telecoms demand E.1 Over the last few years, Oftel has considerably expanded and developed its research programme, consisting continuous quarterly surveys with consumers and SMEs, supplemented with a variety of ad hoc projects, contributing to the evidence base for Oftel’s decision making. E.2 Reference to the ‘average’ consumer is a useful way of summarising the evidence and providing a general understanding of behaviour, but consumers exhibit a wide range of behaviours which can be obscured in this approach. Oftel has been developing a more ‘holistic’ approach to examining consumer behaviour, segmenting consumers into different groups, providing greater insight into different needs and issues and enabling more individualised solutions to be sought and implemented. This is a technique that Oftel regularly employs for specific market segments and has now extended to the telecoms market as a whole, offering a cross-market perspective to assist set the tone for policy making in the run up and transition to Ofcom. Consumers were segmented on their usage and attitude towards telecoms, from which six main groups were distinguishable (see group highlights below). E.3 This tool can assist Oftel’s decision making in a number of ways:
Main messages E.4 One of the main benefits of this type of analysis is the ability to differentiate between customer types and examine individual group issues. It is this granular level that Oftel shall be employing in its work, but at a more generic level it is useful to summarise some of the main messages that emerge from across the groups.
(i) fairly high requirements in terms of the level of savings that would encourage switching – 25 per cent on average which equates to about £20 per quarter on the average bill, or about 40 per cent savings on calls; (ii) falling call prices generally and increasing availability of deals such as unmetered off-peak call packages; and (iii) annual telecoms expenditure accounts for less than 0.5 per cent of household income and is considered ‘just another bill’. Compared with abroad, UK consumers are generally getting a good deal on the telecoms services. Group highlights Advanced users, two per cent of homes, ½ million homes Essence – love telecoms and technologies. Are the first adopters of everything eg have broadband, WAP phones etc and not just for the sake of having it, they use it /genuine interest in it, but insufficient proportion of the population to drive competition. Quality and having the latest features are more important than price, although some price sensitivity. Heavy users and spenders, fairly sophisticated usage and demanding consumers, good awareness and making use of choices. Satisfied with their services, the information and most of the choices available. Who – younger/middle aged men, single/with partner, no kids, own home, working, high income, AB social groups. Progressive quality seekers, 34 per cent of homes, 8.5 million homes Essence – have a variety of telecoms services, heavy users, and their use/attitude goes slightly beyond functional need. Cost and quality equally important, want best not cheapest deal. Interested in getting a better deal, changing/developing their usage, have switched suppliers and/or packages. Brand image is vital and they are prepared to pay a premium to guarantee quality and reliability but are not entirely happy about having to do so. Higher than average awareness of choices though some areas for improvement, greater use of supplier information sources (rather than word of mouth). Who – younger to middle aged, married/with partner and with children, working, slightly higher than average income, ABC1 Passive basic users, 41 per cent of homes, 10.25 million homes Essence – fairly heavy but basic telecoms users, not very interested in telecoms/switching to get a better deal. Never switched supplier – no perceived need, satisfied with current services, perceptions of insufficient savings. Average awareness of choices, decisions make on the cost and recommendations from others, after initial adoption little interest in switching to a better deal. Who – closest to the ‘average’ consumer demographic profile – average spread across most factors. The only distinction is a marginally higher proportion working, and hence slightly lower than average aged 55+ and DE. Contented light users, 20 per cent of homes, 5 million homes Essence – basic and light telecoms users. Have either a fixed phone or a mobile and little interest in having much else. Light spenders, less likely than average to have switched – did not perceive significant barriers to switching – are satisfied with their current suppliers and saw insufficient savings to merit switching. Few use Internet anywhere and none had it at home, low intention to adopt more telecoms – lack of need, few saw cost as a barrier. Who – middle aged/older, retired, significant proportions living alone with no kids at home, lower income/C2DE, living in urban areas of medium-high deprivation. Disadvantaged by cost, 3 per cent of homes, 2/3 million homes Essence – want to make greater use of telecoms but cost barriers to doing so. Ability to control and manage costs is vital. Have only a mobile or no phone at all, but would like more. Few have Internet at home but a third use it elsewhere – cost barriers to home access. The ability to control and manage costs is the main issue for this group and they will pay a premium in order to retain this flexibility and control. Who – mainly young, working in low paid jobs or unemployed, low income, DE social groups, living in rented accommodation (largely state), in deprived urban areas, single and/or with young children Don’t want home telephony, less than one per cent of homes, 60,000 homes Essence – Infrequent telecoms users, don’t have any home telephony, claim do not /would not use it enough to have a fixed or mobile phone, use payphone or someone else’s phone if need to make a call. Who – older/retired, and/or disabled, live in rented accommodation, often alone, no kids, in urban deprived areas, low income, C2DE. Further consumer profiling work Oftel's recent profiling work carried out since publication of the draft management plan identified a group of consumers who appeared to be at a disadvantage. These were largely low-income groups. Further research amongst low-income groups was carried out to establish whether their telecoms needs and uses differed according to ethnicity. The findings from this study indicated a fundamental difference was greater international calling amongst non-white ethnic groups. Generally speaking all low-income groups were unaware of methods to compare telecom suppliers. However, high international callers appeared to be making use of cheaper alternatives for calls abroad by using indirect operators via calling cards, although there was some confusion over connection charges. Oftel will continue to consider whether further research in this area is required. Consumer information strategy 1. Introduction 1. This document outlines Oftel’s strategy regarding consumer information. Many of the processes described in this document are already in place. Therefore, the purpose of this document is to provide a more rigorous structure to the production of consumer information and to raise awareness internally of the help that the Consumer Information Team can provide. 2. The purpose of consumer information is to change consumer behaviour. If it is not attempting to change consumer behaviour then the effort is wasted. This strategy aims to ensure that Oftel produces consumer information that is designed to, capable of and can be shown to change consumer behaviour. The type of behaviour might vary, for example:
3. Certain types of behaviour may be related to competition issues, ie encouraging switching, and therefore be most relevant to promoting competition in a market that is not effectively competitive. However, even in a competitive market there may be issues that need to be resolved by consumer information, eg certain consumer rights may not be articulated by companies and therefore lead to consumers suffering detriment. 4. The three main aims of the consumer information strategy are:
5. In this context, consumer information refers to any information for consumers including any information on the consumer section of the Oftel website, publicity campaigns, other websites etc, not just consumer guides or leaflets. 2. Assessing requirements for consumer information 6. There are four questions that must be answered regarding each and every consumer information initiative:
7. Diagram 1 shows the process for the initial assessment phase. Annual review 8. There will be an annual review of consumer information needs. This will comprise a detailed analysis of existing consumer information initiatives and data on consumers’ needs for information. The primary information sources for this review will be:
9. The Consumer Information Team will carry out this review. The output of the review will be a set of conclusions and proposals for the Policy Group to consider and decide. 10. A supporting business case is necessary for all proposals for consumer information initiatives. This business case will have to address the following issues:
Ad hoc 11. Although there will be an annual review of consumer information, there will still be scope for ad hoc consumer information initiatives. If a project manager believes that consumer information could help address an issue in their area, they need to put together a business case as above. This will require research to support the business case, ie demonstrate detriment, identify the target audience, etc. 12. Any project manager who believes consumer information would be beneficial should contact the consumer information team (see end for contacts). The team can help with the production of the business case and has experience of:
Diagram 1
3. Producing consumer information 13. After the business case has been agreed by the Policy Group or appropriate board, the consumer information will have to be produced. Diagram 2 provides an example of this process. There are three main strands to this work:
14. These three strands of work must proceed in parallel, otherwise there could be delays in the production of the information. As with the process as described in the diagram below, this section will just highlight some of the main issues. 15. Consultation is very important when producing consumer information. This does not mean consulting formally, rather it is circulating to interested parties internally, using the ACTs and other interested parties, such as consumer groups. Someone looking at the information for the first time can lead to interesting and useful comments. It is important that the design is ready at this time, as design is an essential part of encouraging people to notice and read the information. 16. Related to consultation is the use of focus groups and other research methods to assess both the information and the design as part of the production process. At the same time as consulting with interested parties, focus groups should be carried out. This can have an important impact on the content, tone, structure of the document and design. And it helps to ensure that any consumer information will meet consumers’ expectations and requirements. 17. Oftel has been using the Plain Language Commission to provide a clarity check for consumer information. This is quite quick and painless, and can lead to improvements in the text that makes it easier for consumers to understand. 18. Consulting, commissioning focus groups and getting plain language checks are not necessarily too time consuming. However, time for them should be built into the timetable. 19. The final strand of work is targetting and monitoring. The effort put into consumer information will be wasted if it is distributed to people who have no use for it. Distribution plans should already have been described in some detail in the business case put to Policy Group. But this is likely to continue to require development after Policy Group discussion. As this area is essential, no consumer information will be released until a full targetting, distribution and monitoring plan is in place. If this differs materially from what Policy Group agreed, Policy Group must be notified of this. 20. The research carried out for the business plan can tell you who needs the information and what information sources are appropriate, eg library, point of sale, airports, Trading Standards Offices, etc. The organisation of a distribution list and getting agreement from outlets that they will display the information can be one of the most time consuming parts of this process. 21. It is also necessary to have a full monitoring plan in place for the initiative. This will allow you to assess how successful the initiative has been and whether it was value for money. There are many ways in which we can monitor the success of initiatives, eg onlines questionnaires, return forms in leaflets, using consumer research to monitor changes in behaviour. The Consumer Information Team can assist project managers in finding the most appropriate method. 22. If the project manager and the consumer information team cannot reach agreement on a particular point in relation to the production stage, the issue should be referred to a relevant Director for decision. The final product requires sign-off at Director level before printing and distribution begin. Diagram 2
4. Setting targets for consumer information 23. Oftel needs to set targets for consumer information, as in all other areas of its work. However, realistic targets must be based on experience. 24. Therefore, we plan to develop targets on the basis of the annual review and the monitoring of individual initiatives. By establishing the level of behavioural change for different initiatives, Oftel will be able to establish targets including the level of impact against the cost of the initiative. 5. The consumer information team 25. The Consumer Information Team was set up to provide a core of expertise on the preparation, distribution, and monitoring of consumer information. The team consists of:
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