Layout image
   
Layout image
Layout image Layout image Layout image Layout image Layout image Layout image Layout image Layout image
Layout image Layout image Layout image Layout image

Proposals for implementiong Oftel’s Strategy: 2000/01 Management Plan

Layout image
Layout image Layout image Layout image Layout image
Layout image Layout image Layout image Layout image Layout image Layout image
Layout image Layout image Layout image
April 2000

Contents

Foreword from the Director General of Telecommunications

Chapter 1 Introduction

Chapter 2 Implementing the Strategy – the 2000/01 management plan

Chapter 3 Consultation process and responses

Appendix 1 Project and programmes organised according to subject

Appendix 2 Expenditure Plans 2000-01

Appendix 3 Effective competition reviews

Appendix 4 Guidelines for assessing the costs and benefits of regulatory action

Appendix 5 Responding to this Statement

Glossary


Foreword from the Director General of Telecommunications

The 2000/1 Management Plan sets out the way in which Oftel intends to implement its Strategy which was published in January. Central to the strategy is a move to lighter-touch regulation as competition develops, while continuing to protect and inform consumers where the market cannot do so.

The Plan summarises the Strategy and lists the projects and programmes by which the strategy will be implemented, together with the resources to be applied to this work.

A draft of this Plan was issued as a consultative document seeking views from consumers, consumer groups, suppliers, and all others with an interest in getting the best deal for consumers. All responses were considered when the Plan was being finalised for publication.

The Plan represents a substantial and challenging programme of work designed to deliver modern effective regulation. It is especially important for the interests of consumers that, at a time of huge change in the telecommunications sector, regulation is appropriate and forward looking. This is what Oftel aims to deliver.

 

DAVID EDMONDS

DIRECTOR GENERAL OF TELECOMMUNICATIONS

Back to Contents


Chapter One

Introduction

The Management Plan and the Strategy

1.1 In January 2000 Oftel published a statement of its strategy – Achieving the best deal for consumers (the Strategy). The statement set out the regulatory approach which Oftel is developing as a response to the growth of competition in the UK telecoms market.

1.2 This Management Plan shows how the Strategy will be implemented. It sets out Oftel’s projects and programmes and shows how they are organised and monitored.

1.3 An initial draft of this Management Plan was issued as a consultative document in February 2000. The consultative document was sent to consumer groups, telecoms companies, other regulators and interested parties and was posted on the Oftel web-site.

E-mail notification was sent to the 10,000 who have registered with Oftel’s e-mail notification service (information on registration is given in paragraph A5.2 in Appendix 5). The responses which were received have been have been taken into account in preparing this final version of the Plan. A summary of the responses and Oftel’s consideration of them is set out in Chapter Three.

The Strategy

1.4 The 'competition plus' Strategy published in January 2000 states Oftel's goal, the objectives it will pursue to achieve this goal and a set of regulatory principles which will help guide the implementation of its Strategy. These key Strategy elements are summarised in paragraphs 1.5 to 1.10 below.

1.5 The following four key factors were central to the development the Management Plan for 2000/1 in the context of Oftel’s Strategy

(i) the consumer is central – Oftel’s overriding goal is to enable consumers to get the best deal in terms of quality, choice and value for money. Effective competition is the best way of ensuring this and, where it is secured, regulation can diminish;

(ii) over-regulation, especially in a rapidly developing market, can stifle incentives to invest and innovate. Regulation should be imposed only where it is justified and should be appropriate and proportionate to the level of competition in the market;

(iii) under-regulation where competition is not yet effective, or where competition, even if effective, does not provide sufficient protection for consumers, can prevent consumers from getting the best possible deal. In these cases Oftel will continue to regulate; and

(iv) the process of moving to lighter regulation, where appropriate, is not an 'easy option'. It means fundamental changes to regulatory policies and greater involvement of stakeholders in co-regulatory and self-regulatory initiatives. More monitoring of consumer and market behaviour is needed in advance of decisions, coupled with the application of carefully researched, developed and targeted policy actions where these are needed.

1.6 Oftel’s goal of the best deal for consumers is supported by the four outcome-based objectives described below. These are underpinned by the ten principles of regulation set out in paragraph 1.11 below.

1.7 Effective competition - benefiting consumers

The outcome is the benefit of effective competition (ie lower prices, higher quality, and more choice of services for consumers) rather than competition for its own sake. ‘Effective competition’ means that it is sustainable (ie does not depend on sector specific regulation to survive) and that consumers are able to exercise choice effectively.

1.8 Well informed consumers able to take advantage of choice

Consumers must have adequate, reliable information so that they are in a position to choose the best combination of services and suppliers. Well informed consumers are a necessary element of an effectively competitive market.

1.9 Adequately protected consumers

Where effective competition is not achieved consumers may need protection. Also there are circumstances where even if competition exists, some regulatory action is needed to protect consumers' interests, for example in the provision of universal telecommunications service.

1.10 Prevention of all significant anti-competitive practices

Oftel will have a rigorous and vigilant policy of policing anti-competitive behaviour and will use wherever necessary its range of powers under the Competition Act and licence conditions.

Principles of Regulation

1.11 A set of principles has been developed for each objective.

Objectives Principles
All objectives I. Regulate only where it is likely to bring benefit to consumers. Keep regulation to the minimum necessary to obtain appropriate outcomes.
Effective competition II. Where competition is increasing but not yet effective, promotion of competition is acceptable so long as

- competition is sustainable without regulation in the longer term and

- it does not create disincentives for new entrants or incumbents to invest in infrastructure or to innovate in the provision of new services.

Regulation to promote competition/protect consumers should become progressively ‘lighter touch’ as the market gets near to effective competition.

III. Cease to promote competition when there is effective competition. Assessment of effective competition to be based on standard competition analysis that takes account of benefits obtained by consumers.
Well informed consumer IV. Encourage greater awareness on the part of consumers so they are able to make competition effective and to rely less on regulation. Rely on standard consumer legislation wherever this is sufficient.
V. Encourage industry to meet the needs of consumers rather than to rely on regulation.
Adequately protected consumers VI. Where competition cannot provide agreed services to all at affordable prices, regulate to ensure there is such provision in a way that minimises distorting effects. Geographically averaged prices should be used only for supply of basic service to ensure network access by all.
VII. Control of prices should be limited to those areas where competition is ineffective now and in prospect (4 years+).
VIII. Where competition is not in prospect or the market, of itself, will not meet consumer needs, regulate to replicate efficient outcomes subject to not undermining incentives to innovate. Ensure resources are managed efficiently but seek market solutions wherever feasible.
IX. Encourage industry, wherever feasible, to regulate itself in those areas where a common approach is necessary to meet consumer needs ie either to provide service or for the development of competition. Any Oftel role to be a fallback one.
Prevention of significant anti-competitive practice X. Rely on competition legislation to control anti-competitive behaviour wherever possible: licence conditions may be used to promote competition where competition legislation is inappropriate or where there is an abuse of market power short of dominance: where licence conditions are used, be explicit why and for what purpose.

Methods for implementing the Strategy

1.12 All proposed policies which will result in additional regulation will have to be carefully considered to ensure that they are justified in terms of Oftel's goal, objectives and principles set out above.

1.13 Oftel will:

  • use a rigorous and transparent process for assessing the costs and benefits of all policy proposals;
  • carry out regular market reviews and reviews of other policy areas;
  • encourage the telecoms industry and other stakeholders to identify and take opportunities where there is scope self-regulation and co-regulation.

These initiatives are summarised below and explained in more detail in Appendices 3 and 4.

Assessing Costs and Benefits of Policies

1.14 All proposed regulatory initiatives will be subject to an assessment of the key costs and benefits of the proposed policy to ensure that they are merited. Oftel held a stakeholder workshop in March 2000 which outlines Oftel’s intended approach to assessing costs and benefits. Guidelines on the approach which Oftel will take to Cost Benefit Analysis (CBA) are set out in Appendix 4. All relevant Oftel staff will receive training in applying CBA to their projects and programmes.

1.15 Oftel will use a CBA approach for assessing other existing policies where circumstances merit it.

Market and other reviews

1.16 These reviews will focus on the extent of competition and the effectiveness of consumer protection in particular areas of the market. There will be two cycles of reviews – one cycle for markets and one cycle for consumer protection policies – to identify whether, and if so what, regulation is required and to take appropriate action as a result.

1.17 The market segment review process will involve:

  • defining the market segment to be reviewed in terms of services/products, geographic area and groups of consumers;
  • assessing market segment characteristics against a series of effective competition indicators;
  • comparing the ‘deal’ for UK telecoms consumers against that available for consumers in other leading economies through international benchmarking studies;
  • forming a view, as a result of the above assessments, of whether the market is effectively competitive now or in prospect or not effectively competitive in the foreseeable future;
  • depending on the view formed, identifying the implications for regulation, with reviews of specific policy and programme areas triggered as a result.

1.18 A more detailed description of the steps involved in the effective competition review process is set out in Appendix 3.

1.19 A separate paper setting out the approach which Oftel will take to analysis of the results of market reviews will be issued by this summer.

1.20 Consumer protection policy reviews will be dealt with as part of the process of developing a procedure for identifying the most appropriate type of regulation, as set out in paragraph 1.24 below.

Types of regulation

1.21 Oftel is committed to introducing light touch regulation into the telecoms sector and to increasing the involvement of its stakeholders in the regulatory process. The type of regulation that is appropriate different instances needs to be carefully considered in policy development and implementation. Types of regulation are:

  • statutory regulation;
  • co-regulation;
  • self-regulation; and
  • market forces.

1.22 Co-regulation is where the industry players work together with others, including consumer groups and the regulator, to address issues not readily addressed by competitive market forces. In these cases the regulator usually sets the framework for the industry to work within and usually, though not always, has some reserve powers which it could use if the industry initiative fails.

1.23 Self-regulation on the other hand places more responsibility directly with the industry to succeed. These voluntary approaches to regulation have the potential to be more responsive and relevant than more formal legislation based regulation.

1.24 Oftel will issue a consultation document in May 2000, setting out the framework for identifying the most appropriate type of regulation for different circumstances and integrating this process into Oftel’s cost-benefit approach.

1.25 Oftel’s Strategy included a proposal to establish a review process for consumer protection policies and other non-market issues. The review process will be considered as part of the forthcoming consultative document.

Back to Contents


Chapter Two

Implementing the Strategy – the 2000/1 Management Plan

2.1 The 2000/1 Management Plan is the first step in implementing Oftel’s Strategy. Projects and programmes have been reviewed to align then with the outcome-based objectives of the Strategy. For example the projects and programmes dedicated to well informed customers have been increased and project and programme summaries now show exit strategies or market segment review dates.

Major issues

2.2 Within the wide range of projects and programmes Oftel will undertake in 2000/1, there are a number of major issues which can usefully be highlighted.

  • Under the objective of ‘effective competition – benefiting consumers’, action to require local loop unbundling to promote competition in the means of delivery of high bandwidth services to consumers will play an important part in the development of the UK’s information society.
  • Reviews will be carried out of the mobile, access to Internet and leased lines market segments. These reviews will assess the level of competition in these market segments and the results will be used to develop the appropriate regulatory actions for these areas.
  • Oftel will enable consumers to be well informed through a range of initiatives, including working with the industry, to provide more transparent price and quality of service information.
  • In terms of consumer protection, the main decision to be taken in 2000/1 is the form of any future controls on the prices of certain BT retail services.
  • Action under the objective of the prevention of anti-competitive practice will be on a significantly different basis as Oftel now has powers under the Competition Act 1998 as well as under licence conditions. The incentive will now be on industry players to ensure they do not take actions that leave them open to challenge under the Act and potentially subject to significant fines.

2.3 All of Oftel’s work for 2000/1 will take place against a background of an evolving legislative framework:

  • negotiations will begin on a new EU legislative framework. Proposals for new Directives will be issued by the Commission in June 2000;
  • the UK government will start consultation on replacing the Telecoms Act 1984 with a new Communications Bill.

Structure of the Management Plan

2.4 The Management Plan sets out projects and programmes under their primary objective under the Strategy, with additional groupings of framework projects and business support programmes.

2.5 A – Effective competition – benefiting consumers

These projects involve assessing whether competition is effective and taking appropriate action. The review process, including international benchmarking, will be resource intensive and include external sources. Where competition is not yet effective Oftel will promote competition in the relevant markets, will enable supplier access to networks and will address failures of the market to provide information to consumers. A number of areas require detailed evaluation and assessment (including external, expert input) to ensure policy decisions are appropriately targeted.

2.6 B – Well informed consumers

These projects and programmes will provide information for consumers to ensure that they can make the best choices, and include projects which measure levels of customer awareness.

2.7 C – Adequately protected consumers

These projects and programmes protect consumer interests. The nature of telecoms means that there are circumstances where regulatory action is needed to protect consumers' interests, for example, by preventing social exclusion which could result from certain groups being unable to get access to key telecoms services. Most consumers are increasingly demanding protection of their interests.

2.8 D – Prevention of significant anti-competitive practice

These projects and programmes are to police potentially anti-competitive behaviour and to exercise Oftel’s powers under the Competition Act and licences. An increase in the extent and complexity of compliance investigations required is expected and this is reflected in the additional resources needed by Oftel

2.9 E – Framework projects

These are projects to define and shape the overall framework within which regulation works. These include those dealing with the wider international context of regulation, potential changes due to domestic legislation, and the need to develop and publish thinking on strategy.

2.10 F – Business Support Directorate

These projects and programmes are focussed on (i) providing the quality resource management, communications and support services necessary for the business objectives; and (ii) working in line with the Government’s overall programme of renewal and reform (the Modernising Government White Paper of March 1999).

2.11 The table below sets out the proposed organisation of the projects/programmes and is followed by project and programme summaries.

2.12 Completion dates are given for the work packages in accordance with the following:

Q1: April – June 2000

Q2: July – September 2000

Q3: October – December 2000

Q4: January – March 2001

2.13 A list of projects/programmes organised according to subject is attached at Appendix 1.

Oftel 2000/1  Management Plan – list of projects and programmes

Projects and programmes are organised according to their objectives.
A Effective competition – benefiting consumers

A1 Competition in mobile markets

A2 Local loop unbundling

A3 Access to Radio spectrum

A4 Principles of access to communications networks

A5 Carrier pre-selection implementation

A6 Directory Enquiries

A7 Competition in broadcasting markets

A8 Internet and e-commerce

A9 Network interoperability

A10 Better market info. for stakeholders

B Well informed consumers

B1 Raising customer awareness

B2 Research into consumer views

B3 Comparable Performance indicators

B4 Price Comparisons

B5 Small Business Task force

B6 Large Business User Panel

B7 Welsh language scheme

C Adequately protected consumers

C1 Price control review

C2 Universal service

C3 Consumer representation

C4 Terms in telecoms contracts

C5 Metering and billing

C6 Essential requirements

C7 Advisory Committees on Telecommunications

C8 Learning society access

C9 Data Protection

C10 Premium rate services

C11 Calling Line Identification

C12 Dispute resolution procedure

C13 New Numbering Administration

C14 Numbering programme

D Prevention of anti-competitive practice

D1 Complaint casework

D2 Quality assurance

D3 Compliance monitoring unit

D4 Industry compliance

D5 International controls programme

D6 Mergers programme

D7 Price of calls to mobiles

D8 Developments in competition legislation

D9 Financial information systems

D10 ADSL roll-out

D11 Leased lines project

D12 Licence conditions – Competition Act review

D13 Interconnection

D14 Retail pricing issues

E Overall framework of regulation

E1 Telecoms Act reform

E2 Encouraging self-regulation and co-regulation

E3 Stakeholder relationships

E4 Oftel Strategy

E5 EU 1999 Communications Review

E6 Developing International relations

E7 Twinning with Poland

E8 Licensing

E9 Better info. for Oftel

E10 Compliance policy issues

F Business Support

F1 Personnel Policy and Civil Service Reform

F2 Training and Development

F3 Budget Management

F4 Knowledge Management

F5 Electronic Records Management

F6 IS and IT

 

EEeeee


Programme and project summaries

A Effective competition – benefiting consumers

A1 Competition in mobile markets

Project Manager: Elaine Axby (Tel. 020 7634 8915 e-mail: elaine.axby@oftel.gov.uk)
Other contacts: Michael Richardson (Tel. 020 7634 8916 e-mail: michael.richardson@oftel.gov.uk),

Heather Clayton (Tel. 020 7634 8979 e-mail: heather.clayton@oftel.gov.uk)

Objective: To ensure effective progress towards Oftel’s goal of securing choice, quality and value for money for the customer by developing appropriate policies to ensure that benefits are delivered through competition wherever possible.

  • Monitor market developments and review strategy concerning access to mobile networks for providers of value-added services, including location-specific services and mobile Internet (Q1)
  • Ensure that indirect access is implemented and intervene to determine prices if necessary (Q1&Q2)
  • Monitor market and technology developments; liaise with consumer groups and industry on an on-going basis to assess competitive developments and benefits being delivered to consumers (Q1-Q4)
  • Carry out a consultation to review the effectiveness of competition in the mobile market (Q2-Q4)

 

A2 Local loop unbundling

Project Manager: Jim Niblett (Tel. 020 7634 8780 e-mail: jim.niblett@oftel.gov.uk)
Other contact: Ilsa Godlovitch (Tel. 020 7634 8721 e-mail: ilsa.godlovitch@oftel.gov.uk)

Objective: To promote competition in the means of delivery of high bandwidth services to consumers by implementing Oftel policy on local loop unbundling.

  • Consultation on proposed BT licence amendment (Q1)
  • Agreement on spectrum management plan and specification of operational processes (Q1)
  • Determination, with external consultants, of pricing of access to the local loop and of the timetable for its implementation (Q3)
  • Customer trials to test operational processes for the provision of unbundled local loops (Q4)
  • Monitor implementation of local loop unbundling internationally (Q1-Q4)

 

A3 Access to the Radio Spectrum

Project Manager: Heather Clayton (Tel. 020 7634 8979 e-mail: heather.clayton@oftel.gov.uk)
Other contact: Paul James (Tel. 020 7634 8926 e-mail: paul.james@oftel.gov.uk)

Objective: To ensure that allocations of spectrum promote effective competition; reflect the needs of the telecommunications industry and users; and promote economically efficient use of spectrum through work with the Radiocommunications Agency (RA) and Department of Trade and Industry (DTI).

  • Broadband Radio Access : to work on an inter-Departmental group on the allocation of spectrum for this service, in particular, representing Oftel’s position on the competition issues and ensuring that available spectrum is used as efficiently as possible (Q1-Q3)
  • Narrowband Radio Fixed Access : to work on an inter-Departmental group on the allocation of spectrum for this service, in particular, representing Oftel’s position on the competition issues and ensuring that available spectrum is used as efficiently as possible (Q1&Q2)
  • Fixed links: work with the RA on the review of the fixed link radio spectrum and explore alternative methods of managing spectrum to ensure the promotion of competition and continued availability of fixed links for the development/delivery of new services (Q1 onwards)
  • TETRA spectrum: Contribute to the RA’s review of TETRA spectrum (Q1 onwards)

 

A4 Principles of access to communications networks

Project Manager: Jim Niblett (Tel. 020 7634 8780 e-mail: jim.niblett@oftel.gov.uk)
Other contacts: Ian Moss (Tel. 020 7634 8861 e-mail: ian.moss@oftel.gov.uk),

Michael Richardson (Tel. 020 7634 8916 e-mail: michael.richardson@oftel.gov.uk)

Objective: To develop Oftel policy on access to communications networks and to identify the circumstances under which it is appropriate to require operators of communications networks to grant a right of access to third party service providers.

  • To consult on the principles to be followed in assessing whether service providers should have a right of access to communications networks; and on the application of those principles to access to cable networks (Q1)
  • Working closely with the OFT and the ITC to issue a policy statement on principles of Access to communications networks; and on the application of those principles to cable networks (Q2)
  • Publish working guidelines on Oftel's approach to service provider access to and use of third party networks. The work includes publication of guidelines on special access/ SNA and an overview of Oftel’s approach to regulatory obligations governing the provision of telecommunications services to resellers. (Q3)

A5 Carrier pre-selection (CPS) implementation

Project Manager: Caroline Wallace (Tel. 020 7634 8917 e-mail: caroline.wallace@oftel.gov.uk)
Other contact: Nic Green (Tel. 020 7634 8891 e-mail: nicholas.green@oftel.gov.uk)

Objective: To make it easier for consumers to use alternative service providers, and therefore to gain the benefits of competition by ensuring that CPS is implemented in the UK as required by the EU Numbering Directive. Implementation is to be in two stages – an interim procedure to be followed by a permanent solution.

  • Monitor the implementation of interim CPS (Q1-Q3)
  • Determination of charges for permanent CPS (Q1-Q2)
  • Together with industry, resolution of issues related to the launch of permanent CPS (Q1-Q4)
  • Together with industry, ensure smooth launch of permanent CPS including transition from interim to permanent CPS (Q4)

 

A6 Directory Enquiries

Project manager: Nigel Humberston (Tel. 020 7634 8824 e-mail: nigel.humberston@oftel.gov.uk)
Other contact: Ray Thornton (Tel. 020 7634 8704 e-mail: ray.thornton@oftel.gov.uk)

Objective: to protect customers in the use of their directory information and to facilitate competition in the provision of directory services.

  • Develop Code of Practice on the use of directory information with the Data Protection Commissioner (Q1&Q2)
  • Consider cost benefit analysis (CBA) on Directory Enquiries access codes and produce consultation document (Q1)
  • Consider responses to the Consultation and produce a statement (Q2)
  • Work with industry to facilitate agreement on pricing of access to data (Q2)

 

A7 Competition in broadcasting markets

Project Manager: Ian Moss (Tel. 020 7634 8861 e-mail: ian.moss@oftel.gov.uk)
Other contact: Anil Patel (Tel. 020 7634 8928 e-mail: anil.patel@oftel.gov.uk)

Objective: To promote coherent economic regulation of the broadcasting sector by working in co-operation with other members of the Group of Three (ITC, OFT and Oftel) to develop regulatory policy and ensure compliance with Oftel’s statutory responsibilities in respect of broadcasting and related markets.

  • Keep under review published guidelines on the regulation of conditional access, access control and electronic programme guides (Q1-Q4)
  • In co-operation with the ITC follow-up the initial report to DCMS on barriers to take up of digital TV. Final report (Q2) and consultation on any consequential licence amendments (Q3)
  • Carry out a market segment review of interactive broadcasting (access control) (Q4)

 

A8 Internet and e-Commerce

Project Manager: David Simpson (Tel. 020 7634 8865 e-mail: dave.simpson@oftel.gov.uk)
Other contact: Penny Hierons (Tel. 020 7634 8972 e-mail: penny.hierons@oftel.gov.uk)

Objective: To ensure that the UK regulatory framework is appropriate to encourage the development of the Internet so that the UK can be a world leader in e-commerce.

  • Co-operate with OFT to fulfil the Performance and Innovation Unit remit to report on competition barriers to e-commerce (Q1)
  • To co-ordinate Oftel’s e-commerce strategy with the e-envoy Office and the Cabinet Office, drawing on advice from a range of external consultants (Q1-Q4)
  • To liaise with consumer bodies and the industry to identify any problem areas and to encourage competition in Internet access in terms of customer choice and functionality while ensuring that developments are not anti-competitive (Q1-Q4)
  • To identify and monitor emerging issues arising from developments in the Internet industry and assess their regulatory and compliance implications (Q1-Q4)
  • To advise and co-ordinate Oftel’s response to e-commerce related legislation, both domestic and EU (Q1-Q4)
  • Carry out a market segment review of access to the Internet (Q3-Q4)

 

A9 Network Interoperability

Project Manager: Malcolm Davies (Tel. 020 7634 8906 e-mail: malcolm.davies@oftel.gov.uk)
Other contact: Bill Hawkins (Tel. 020 7634 8807 e-mail: bill.hawkins@oftel.gov.uk)

Objective: To ensure that interoperability is effectively managed at network and customer interfaces, on the basis of co-regulation with the industry through the Network Interoperability Consultative Committee (NICC). To facilitate and support the harmonisation of UK interface and interconnection standards and to support the work of various focus groups including the Operators Policy Forum.

  • To provide ongoing support and regulatory advice to the industry to ensure the satisfactory resolution of interoperability issues (Q1-Q4)
  • To hold quarterly meetings with the NICC and to ensure that their work programme outputs are consistent with Oftel’s policy framework and strategy (Q1-Q4).
  • To continue to support the Government Telephone Priority Service initiative which ensure priority is given to the emergency services in case of network problems (Q1-Q4)
  • To participate in the National Steering Committee for Public Warning and Information and its associated new technology sub-group, monitoring technical developments and advising on regulatory issues (Q1-Q4)
  • To host the NICC annual open forum (Q3)

 

A10 Providing and facilitating the provision of better market information for stakeholders

Project Manager: Kenny Osborne (Tel. 020 7634 8973 e-mail: kenny.osborne@oftel.gov.uk)

Other contact: Nick Collins (Tel. 020 7634 8851 e-mail: nicholas.collins@oftel.gov.uk)

Objective: To enhance Oftel’s and stakeholders’ knowledge of the telecoms market, and aid evidence-based policy development by managing the collection of accurate and timely information from telecoms operators and service providers on an agreed range of services.

  • Publish summary information in the quarterly Market Information Update and produce a detailed annual publication for 1999/2000 in Q3 (Q1-Q4)
  • Work with telecoms operators to identify opportunities for collecting market data more efficiently so as to improve the timeliness of the quarterly publications (Q2)
  • Review the content of the market information proformas to ensure they continue to collect the most appropriate and relevant information (Q3).

B Well informed consumers

B1 Raising customer awareness

Project manager: Chris Rowsell (Tel. 020 7634 8890 e-mail: christopher.rowsell@oftel.gov.uk)

Other contact: Rosalind Stevens-Strohmann

(Tel. 020 7634 8743 e-mail: rosalind.stevens-strohmann@oftel.gov.uk)

Objective: To identify existing customer rights and opportunities, research customer awareness of these, and raise awareness using the media and other channels, so that consumers are better able to obtain the benefits of competition and, where necessary, to have recourse to consumer protection.

  • Research into public awareness of consumer rights and opportunities (Q1-Q4)
  • Publish initial research into consumer awareness of the above (Q1)
  • Launch media initiatives to raise customer awareness of rights and opportunities

(Q1-Q4). Publicise issue of premium rate call-barring (Q1)

  • Development of price-quality trade-off methodology to assess the links between effective competition, rational consumer behaviour and information for consumers (Q1-Q2)
  • Publish Oftel consumer Guide (Q2)

 

B2 Research into consumer views

Project Manager: Karen Metcalfe (Tel. 020 7634 8918 e-mail: karen.metcalfe@oftel.gov.uk)

Other contact: Melanie Smith (Tel. 020 7634 8741 e-mail: melanie.smith@oftel.gov.uk)

Objective: To produce focused and relevant project decisions by providing regular and comprehensive information on residential and business consumer behaviour, opinion, and use of telecoms.

  • Conduct continuous, quarterly rolling, omnibus surveys (carried out by an external agency but analysed by Oftel) amongst UK residential and business consumers.(Q1-Q4)
  • Consult project and programme managers to ensure the surveys cover a range of topics as required by projects across Oftel. (Q1-Q4)
  • Provide quarterly and annual reporting of results to publish on Oftel website.
  • Provide summary reports to project managers (as required) on their individual topic areas. (Q1-Q4)
  • Encourage industry and other stakeholders to make their own market research results and consumer information available to Oftel and, as far as possible, to other stakeholders (Q1-Q4)
  • Review demand for and use of consumer information in policy and decision making, and rationalise surveys accordingly (Q4)

 

B3 Comparable Performance indicators (CPI’s)

Project manager: Chris Rowsell (Tel. 020 7634 8890 e-mail: christopher.rowsell@oftel.gov.uk)

Other contact: Geoff Delamere (Tel. 020 7634 8745 e-mail: geoffrey.delamere@oftel.gov.uk)

Objective: To enable consumers to make better informed purchasing decisions and gain greater benefit from emerging competition by ensuring the improved availability, accessibility and visibility of comparable quality of service information to consumers for both the mobile and fixed telephony markets, by encouraging and facilitating its collection and dissemination by the industry.

  • Encourage industry to issue intermediate improved CPI booklets and website for the fixed link market. (Q1)
  • Hold a conference to encourage non-participating operators to report in CPIs (Q1)
  • Encourage industry to issue further improved CPI booklets and website (Q3)
  • Encourage publication of mobile quality of service with regional breakdowns for the periods October 1999-March 2000 and April-September 2000 (Q1&Q3)

 

B4 Price Comparisons

Project Manager: Chris Rowsell (Tel. 020 7634 8890 e-mail: christopher.rowsell@oftel.gov.uk)

Other Contact: Kenny Osborne (Tel. 020 7634 8973 e-mail: kenny.osborne@oftel.gov.uk)

Objective: To enable consumers to make better informed purchasing decisions and gain greater benefit from emerging competition by improving the transparency of telecoms prices to consumers. To move from a co-regulatory approach towards a self-regulatory approach to achieving effective information for consumers to help them choose.

  • Facilitate the industry developing its residential phone bills comparison website (phonebills.org.uk) into a regularly updated publication including a broader range of telecoms suppliers and customer call profiles. Encourage input to development process from groups representing the disabled (Q1-Q4)
  • Encourage development by commercial third parties of telecoms price comparisons for groups of consumers who require them through enabling access to relevant tariff information (Q1-Q3)
  • Increase industry acceptance of responsibility for further development of phone bill comparisons in a way that meets consumer requirements and encourage links to the quality of service website (cpi.org.uk) site (Q2-Q4)

 

B5 Small Business Task force

Project Manager: Geoff Delamere (Tel. 020 7634 8745 e-mail: geoffrey.delamere@oftel.gov.uk)

Other contact: Caroline Lawson (Tel. 020 7634 8883 e-mail: caroline.lawson@oftel.gov.uk)

Objective: To encourage well informed small business purchasers of telecoms services to obtain the benefits of competition in telecoms.

  • Encourage the setting up of independent internet site to provide telecoms advice to a wide range of small businesses, including the visual impaired (Q1)
  • Convene regular meetings of the Small Business Task Force and working groups to identify and develop improves information sources for small businesses and ensure that their views are fed back into Oftel policy development (Q1&Q3)
  • Assess progress, through surveys, of small businesses becoming more expert telecoms purchasers. Review results and determine what further action is needed, if any (Q4)

 

B6 Large Business User Panel

Project Manager: Alan Pridmore (Tel. 020 7634 8910 e-mail: alan.pridmore@oftel.gov.uk)

Other contact: Elizabeth Greenberg (Tel. 020 7634 8758 e-mail: elizabeth.greenberg@oftel.gov.uk)

Objective: To enable large business consumers to make better informed purchasing decisions and gain greater benefit from emerging competition by promote awareness in large organisations of the opportunities now available in the competitive marketplace and to expose Oftel's policy makers and telecom companies to the concerns of large telecoms users.

  • Hold quarterly meetings of the Large Business User Panel and ensure views are fed back into Oftel policy development (Q1-Q4)
  • Develop web pages to encourage information sharing (Q1)
  • Review focus and role of Panel ensuring consistency with Oftel's Strategy (Q3)

 

B7 Welsh language scheme

Project Manager: Terry Walker (Tel. 020 7634 8774 e-mail: terence.walker@oftel.gov.uk)
Other contact: Flora Pieris (Tel. 020 7634 5301 e-mail: flora.pieris@oftel.gov.uk)

Objective: To ensure that Oftel meets its statutory obligation as a public body to provide services for Welsh language speakers.

  • Issue a consultation document on the Oftel Welsh Language Scheme (Q1)
  • Oftel Welsh language scheme to be agreed by Welsh Language Board (Q2)
  • Arrangements for effective monitoring and reporting on scheme in place to ensure input to Oftel 2000 Annual report (Q3)
  • Scheme to be implemented to agreed timetable (Q4)

C Adequately protected consumers

C1 Price control review

Project Manager: Peter Culham (Tel. 020 7634 8935 e-mail: peter.culham@oftel.gov.uk)
Other contact: Chris Woolford (Tel. 020 7634 8973 e-mail: chris.woolford@oftel.gov.uk)

Objective: To protect consumers where competition is not yet effective or in prospect through the implementation, where appropriate, of revised price controls for retail and network services from 2001.

  • Continue the market segment review of fixed price control services (Q1-Q2)
  • Consider the options for alternative forms of price control, drawing on advice from a range of external consultants (Q1-Q2)
  • Publication of third consultation document on price and charge control proposals (Q2)
  • Update of BT Efficiency Study (Q2-Q3)
  • Publication of Final Statement and Licence Modifications for any new price and charge control arrangements (Q3)
  • Agree licence modifications or reference to the Competition Commission (Q4)

 

C2 Universal service

Project Manager: Alan Pridmore (Tel. 020 7634 8910 e-mail: alan.pridmore@oftel.gov.uk)
Other contact: Rosalind Stevens-Strohmann (Tel. 020 7634 8743 e-mail: rosalind.stevens-strohmann@oftel.gov.uk)

Objective: To ensure all consumers have access to those telecoms services which are used by the majority and which are essential to full social and economic inclusion are made available to everybody upon reasonable request in an appropriate fashion and at an affordable price.

  • Publish Consultation Document on the responses to the 1999 consultation and make proposals for the future developments to the Obligation (Q1)
  • Contribute to the policy discussions leading to the Government's rural white paper by explaining Oftel’s role and powers in relation to the availability of telecommunication services in rural areas (Q1-Q4)
  • Achieve a wider public knowledge of on-going activities and initiatives undertaken to improve access to telecommunications for disabled people (Q1-Q4)
  • Ensure that improvements to access for disabled people to telecommunication services required of fixed-line operators are also provided by mobile operators (Q2)
  • Publish Statement on the Obligation setting out conclusions from the review and taking account of likely future market developments (Q3)

 

 

C3 Consumer representation section.

Project Manager: Bernice Head (Tel. 020 7634 8710 e-mail: bernice.head@oftel.gov.uk)
Other contact: Alistair Cox (Tel. 020 7634 8733 e-mail: alistair.cox@oftel.gov.uk)

Objective: To deal with consumers complaints about their telecoms supplier in a timely and efficient manner and to encourage the industry to deal satisfactorily with consumer complaints in the first instance, so that consumers do not have to have recourse to Oftel.

  • Encourage the removal by PTO’s of the root causes of frequently experienced consumer problems (Q1-Q4)
  • Develop the Oftel Internet site to give information useful to consumers to allow them to be effective purchasers. Ensure that frequently asked questions are fully updated so the site can be promoted as the first stop for complaints (Q1-Q4)
  • Publish summaries of complaints received every six months (Q2&Q4)

 

C4 Terms in Telecom Service Contracts

Project Manager: Nicholas Good (Tel. 020 7634 8839 Email: nicholas.good@oftel.gov.uk)

Other contact: Julia Bradford (Tel. 020 7634 8838 e-mail: julia.bradford@oftel.gov.uk)

Objective: To ensure that consumers are offered fair and reasonable contracts by their telecoms supplier by implementing the Revised Voice Telephony and Unfair Contract Term Regulations and bringing to public’s attention Oftel’s new powers to amend/ remove certain undesirable terms in telecom service contracts.

  • Agree basis of concurrent working with the Office of Fair Trading (Q1)
  • Publicly consult on proposals for protecting consumers (Q1)
  • Issue a Guide to inform consumers of rights in this area and how Oftel can help (Q2)

 

C5 Metering and Billing Approval Scheme

Project Manager: Malcolm Davies (Tel. 020 7634 8906 e-mail: malcolm.davies@oftel.gov.uk)
Other contact: Phil Cobb (Tel. 020 7634 8913 e-mail: phillip.cobb@oftel.gov.uk)

Objective: To enhance consumer confidence in the accuracy of telephone bills and to give wider consumer protection by extending the Oftel Meter Approval Scheme to all operators and service providers and by broadening the scope to include all major elements of bills as appropriate.

  • Set up working groups to develop the metering and billing approval scheme (Q1)
  • Publish a revised Oftel Technical Standard (Q2)
  • Generate a new approvals process and extend this to a number of notified approvals bodies (Q3)
  • Begin to systematically roll out the new scheme to operators and service providers (Q4)

 

C6 Essential Requirements

Project Manager: Caroline Wallace (Tel. 020 7634 8917 e-mail: caroline.wallace@oftel.gov.uk)
Other contact: Keith Bowman (Tel. 020 7634 8914 e-mail: keith.bowman@oftel.gov.uk)

Objective: To ensure the provision and maintenance of essential requirements in the fields of security of network operations and maintenance of network integrity in accordance with the Revised Voice Telephony Directive (RVTD).

  • To publish, following consultation with stakeholders, guidelines on the RVTD requirements (Q1).
  • Establish a co-regulatory procedure with the telecoms operators for compliance with the guidelines (Q1)
  • Implement the co-regulatory procedure (Q2-Q4)

 

C7 Advisory Committees on Telecommunications (ACTs) programme

Programme Manager: Terry Walker (Tel. 020 7634 8774 e-mail: terence.walker@oftel.gov.uk)
Other contact: David Edwards (Tel. 020 7634 8773 e-mail: david.edwards@oftel.gov.uk)

Objective: To better focus Oftel’s consumer protection policies by ensuring that the ACTs’ views are disseminated across Oftel and that Oftel receives effective advice from the ACTs.

  • Encourage high quality advice to Oftel from the ACTs, fairly reflecting consumer interests, in response to regulatory policy consultations affecting telecoms consumers (Q1-Q4).
  • Encourage a more effective and consistent approach to complaints handling by territorial ACTs (Q3&Q4).

 

C8 Learning society access issues

Project Manager: Neil Buckley (Tel. 020 7634 8880 e-mail: neil.buckley@oftel.gov.uk)
Other contact: Penny Hierons (Tel. 020 7634 8972 e-mail: penny.hierons@oftel.gov.uk)

Objective: In accordance with government policy to promote wide-spread Internet access, to encourage telecommunications companies to offer new and enhanced tariffs for Internet access for schools, public libraries, FE colleges, learning centres and citizens’ advice bureaux.

  • Finalise discussions on the entitlement of learning centres to special tariffs (Q1)
  • Finalise discussions with the telecommunications industry on new and enhanced Internet access tariffs for the defined institutions (Q1&Q2)
  • Evaluate whether Oftel’s involvement in this area should be brought to a conclusion (Q3)

 

C9 Data protection in telecoms

Project Manager: Nigel Humberston (Tel. 020 7634 8824 e-mail: nigel.humberston@oftel.gov.uk)
Other contact: Neil Buckley (Tel. 020 7634 8880 e-mail: neil.buckley@oftel.gov.uk)

Objective: To ensure that telecoms consumers’ right to privacy is protected through compliance with the requirements of the Telecoms Data Protection Directive.

  • Liaison with DTI on any changes to the service provided and to proposed charging structures (Q1&Q2).
  • Formal monitoring of the telephone and fax opt-out schemes on a quarterly basis and on-going informal monitoring (Q1-Q4)
  • Advice to the Data Protection Commissioner on technical and interpretation issues (Q1-Q4)
  • To work with and advise the DTI on implementing the Distance Selling Directive provisions on unsolicited e-mail (Q1-Q3)
  • To co-operate with the DTI and the Home Office in the transposition of the 'Confidentiality of communications' article of the TDPD and propose suitable amendments to the SPL/TSL class licences (Q2)

 

C10 Regulation of Premium Rate Services (PRS) through the Independent Committee for the Supervision and Standards of Telephone Services (ICSTIS)

Project Manager: Warwick Izzard (Tel. 020 7634 8981 e-mail: warwick.izzard@oftel.gov.uk)

Other contact: John Wimmer (Tel. 020 7634 8742 e-mail: john.wimmer@oftel.gov.uk)

Objective: To ensure that consumers are adequately protected through co-regulation with ICSTIS and industry self-regulatory initiatives for Premium Rate Services.

  • To review proposals to widen the range of services that fall within ICSTIS’ supervisory control (by modification of the relevant licence condition) in consultation with interested parties (Q1)
  • Produce a statement on the future regulation of PRS and implement (Q2-Q4)
  • Improve the effectiveness of services for barring access to PRS primarily through increasing consumer awareness of their value and availability (Q1-Q4)

 

C11 Calling line identification (CLI)

Project Manager: Frank Phillips (Tel. 020 7634 8871 e-mail: frank.phillips@oftel.gov.uk)
Other contact: Phil Cobb (Tel. 020 7634 8913 e-mail: phillip.cobb@oftel.gov.uk)

Objective: To ensure that the regulatory framework applied to CLI services adequately maintains customers' privacy and data protection rights.

  • Promote the development of a Code of Practice for Service Providers which will give them access to 'raw' CLI information while safeguarding customers' privacy rights (Q1)
  • Monitor network operators' provision of ‘type 3’ presentation numbers (which enables large private network operators to present alternative numbers for CLI purposes) to appropriate customers (Q1-Q4)
  • Advise the Data Protection Commissioner on her enforcement of the CLI provisions of the Telecommunications Data Protection Directive (97/66/EC) (Q1-Q4)
  • Encourage the availability of cross-border transfer of CLI information within Europe by promoting the adoption of the ETP's European CLI Guidelines by appropriate regulatory authorities (Q2)
  • Develop a legal framework to require the carriage of ‘raw’ CLI by network operators (Q3)

 

C12 Dispute resolution procedure

Project Manager: John Gallen (Tel. 020 7634 8836 e-mail: john.gallen@oftel.gov.uk)

Other contact: Nicholas Good (Tel. 020 7634 8839 e-mail: nicholas.good@oftel.gov.uk)

Objective: To ensure that consumers have access to dispute resolution procedures which are fair, transparent and easily accessible, by implementing the dispute resolution requirements of the Revised Voice Telephony Directive.

  • Consult with the dispute resolution committee on the procedures to be adopted (Q1)
  • Discuss proposed procedures with all stakeholders (Q1)
  • Approve procedures for implementation by the operators and service providers (Q1)

 

C13 New arrangements for numbering administration

Project Manager: Alan Pridmore (Tel. 020 7634 8910 e-mail: alan.pridmore@oftel.gov.uk)

Other contact: Mark Whitbread (Tel. 020 7634 5307 e-mail: mark.whitbread@oftel.gov.uk)

Objective: To promote customer choice in numbers through the introduction of individual number allocations and to promote the efficient management of numbers by Operators through number charging

  • Assess action needed because of responses to Q4 1999/2000 consultation document / statement on individual number allocation and charging (Q1)
  • Input on necessary legislative and possible licensing process for introducing and operating the charging and individual number allocation structure (Q1-Q4)
  • Appraise possible implementation methods, including those for auctioning highly coveted numbers and for developing a selection process for identifying coveted numbers (Q3)

 

C14 Numbering programme

Programme Manager: Ray Thornton (Tel. 020 7634 8704 e-mail: ray.thornton@oftel.gov.uk)

Other contacts: Warwick Izzard (Tel. 020 7634 8981 e-mail: warwick.izzard@oftel.gov.uk),

Geoff Morgan (Tel. 020 7634 8740 e-mail: geoff.morgan@oftel.gov.uk)

Objective: To ensure that consumers can benefit from the continuing development of competition and new services by ensuring the provision of adequate numbers and numbering ranges for all publicly available telecommunications services.

  • Allocate numbers to telecom companies in accordance with agreed policy (Q1-Q4)
  • Overseeing the National Code and Number Change project being managed by the telecoms industry (Q1)
  • Produce updated Portability Functional Specification (Q1)
  • Publish Consultation Document on new structure for Access Codes (Q2)
  • Review and update Numbering Conventions (Q3)
  • Conduct review of Corporate Numbering (Q3)
  • Implement new structure for Access Codes (Q3)

Back to Contents


D Prevention of anti-competitive practice

D1 Compliance Casework Programme

Programme manager: John Kemp (Tel. 020 7634 8885 e-mail: john.kemp@oftel.gov.uk)

Other contacts: Don Wilson (Tel. 020 7634 8706 e-mail: don.wilson@oftel.gov.uk)

Alistair Bridge (Tel. 020 7634 8782 e-mail: alistair.bridge@oftel.gov.uk)

Maeve Gallagher (Tel. e-mail: maeve.gallagher@oftel.gov.uk)

Objective: To prevent anti-competitive practice and to further the achievement of all of Oftel’s objectives by pro-actively managing all casework and to resolve all cases in the minimum possible time. Cases include, Investigations of complaints, Own initiative cases, Competition Act cases (including Notifications and Guidance cases), Interconnection disputes and Determinations. This programme includes complaints relating to the Internet, ADSL and broadband issues in general as well as cases under the Revised Voice Telephony Directive and the Unfair Terms in Consumer Contracts Regulations.

  • To seek to continually improve the performance against targets of casework being processed. This will be done by quality monitoring of case progress (Q1-Q4)
  • To reduce the number of complaints being pursued as a licence breach by considering complaints under the Competition Act where appropriate (Q1-Q4)
  • To assess the type of complaints being received to determine what deficiencies exist in the information provided. Feed back any major lessons learnt to the complainant and where possible to the Web Site (Q3&Q4)

 

D2 Quality Assurance Programme

Programme Manager: Mohinder Mahi (Tel. 020 7634 8872 e-mail: mohinder.mahi@oftel.gov.uk)

Other Contact: Peter Silverman (Tel. 020 7634 8737 e-mail: peter.silverman@.oftel.gov.uk)

Objective: To develop and operate a robust framework which enables compliance casework to be conducted and monitored in an open, transparent and consistent manner.

  • Revise casework procedures in the light of the experience gained from conducting Competition Act cases (Q1-Q2)
  • Operate an output based casework quality monitoring system (Q1-Q4)
  • Assess the quality of all casework with a view to drawing lessons and spreading best practice within the Compliance Directorate (Q1-Q4)

 

D3 Compliance Monitoring Unit Programme

Programme Manager: Keith Loader (Tel. 020 7634 8793 e-mail: keith.loader@oftel.gov.uk)

Other Contact: Martin Hill (Tel. 020 7634 8700 e-mail: martin.hill@oftel.gov.uk)

Objective: To ensure that compliance issues (such as casework in compliance phase, obligations under licences etc) are effectively co-ordinated within Oftel and, in line with Oftel’s strategy for lighter touch regulation, to identify suitable issues for future self and co-regulation.

  • To assess the information received in support of casework in the compliance phase and recommend actions to conclude cases where appropriate. (Q1-Q4).
  • To recommend areas currently being monitored for self regulation by the industry (Q4)

 

D4 Industry Compliance Programme

Project Manager: Maeve Gallagher (Tel. e-mail:maeve.gallagher@oftel.gov.uk)
Other contact: Tim Cross (Tel. 020 7634 8798 e-mail: tim.cross@oftel.gov.uk)

Objective: To encourage a culture of compliance and self-regulation within industry that will ultimately lead to lighter regulation. To encourage a move towards compliance with the Competition Act. The initial objective is to ensure that industry is fully aware of the Competition Act and can fully comply with it

  • To communicate to industry the Oftel requirements for a full and complete complaint under the Competition Act and to feedback outcomes of cases (Q1-Q4)
  • Update guidance to industry on submitting complaints. (Update to be issued in Sept 2000)

 

D5 International Controls Programme

Programme Manager: Vince Affleck (Tel. 020 7634 8819 e-mail:vincent.affleck@oftel.gov.uk)

Other contacts: Beverley Blakeney (Tel. 020 7634 8828 e-mail:beverley.blackeney@oftel.gov.uk)

Objective: To enable the full operation of market forces for the benefit of consumers by withdrawing from detailed regulation as the international market becomes progressively competitive.

  • To review international requirements in PTO and ISVR licences with a view to withdrawing from areas where competition is effective (Q1&Q2)
  • To monitor accounting rate developments to put pressure on international operators and overseas administrations to reduce accounting rates to cost (Q1-Q4)

 

D6 Mergers Programme

Programme manager: Don Wilson (Tel. 020 7634 8706 e-mail: don.wilson@oftel.gov.uk)

Other Contact: John Kemp (Tel. 020 7634 8885 e-mail: john.kemp@oftel.gov.uk)

Objective: To encourage market structures consistent with effective and sustainable competition by identifying significant competition and regulatory issues arising from proposed mergers and joint ventures in telecoms and related sectors, and provide timely advice to the competent authorities (OFT &DTI) accordingly

  • To provide advice to the OFT on request within the framework prescribed by the Fair Trading Act 1973 and the European Merger Control Regulation (ECMR) respectively (Q1-Q4)
  • To contribute to wider policy debates on mergers reform at national and EU level, in line with Oftel’s Long Term Strategy (Q1-Q4)

 

D7 Price of calls to mobile phones

Project Manager: Vince Affleck (Tel. 020 7634 8819 e-mail:vincent.affleck@oftel.gov.uk)

Other contact: Selena Bevis (Tel. 020 7634 8844 e-mail: selena.bevis@oftel.gov.uk)

Objective: To protect consumers where competition is not yet effective or in prospect through the implementation, if appropriate, of price controls for calls terminating on mobile networks.

  • Set up industry Working Group (Q1)
  • Review prospect of competition, appropriate cost base for termination charges and form of price control (Q2)
  • Issue Consultative Document (Q3)
  • If required, prepare draft licence modifications (Q4)

 

D8 Developments in Competition Legislation

Project manager: Alistair Bridge (Tel. 020 7634 8782 e-mail: alistair.bridge@oftel.gov.uk)

Other contact: Trevor Wood (Tel. 020 7634 9954 e-mail: trevor.wood@oftel.gov.uk)

Objective: To achieve more effective prevention of anti-competitive practice by ensuring that Oftel contributes effectively to the development and implementation of competition policy in the UK and EC.

  • Deal with policy issues arising from the operation of the Competition Act (Q1-Q4).
  • Contribute to the work of the Concurrency Working Party, a body consisting of representatives of the OFT and the regulators with concurrent powers under the Competition Act (Q1-Q4).
  • Liaise with other government departments and the Commission (Q1-Q4).

 

D9 Financial information systems programme

Project Manager: Gavin Greenfield (Tel.020 7634 8734 e-mail: gavin.greenfield@oftel.gov.uk)
Other contact: Dave Robinson (Tel. 020 7634 8933 e-mail: dave.robinson@oftel.gov.uk)

Objective: To facilitate Oftel in requesting relevant, accurate and timely information, derived from financial and management systems of operators designated as having significant market power, market influence or equivalent, of sufficient quality and quantity to address and deal effectively with competition and regulatory issues.

  • Review the appropriateness and effectiveness of financial reporting requirements as set out in operators’ licences (Q1)
  • Monitor and evaluate compliance with regulatory financial reporting requirements as set out in operators’ licences (Q1-Q4)
  • Assess and examine the processes, systems and procedures used by operators in preparing and delivering financial information requested by Oftel as part of regulatory requirements or competition investigations (Q1-Q4)
  • Promote and review developments and enhancements to the accounting methodologies used by operators in the above context (Q1-Q4)

 

D10 ADSL Roll-out Project

Project manager: Alistair Bridge (Tel. 020 7634 8782 e-mail: alistair.bridge@oftel.gov.uk)

Other contact: John Russell (Tel. 020 7634 8830 e-mail: john.russell@oftel.gov.uk)

Objective: To ensure that other operators and service providers can compete in the provision of Asymmetric Digital Subscriber Line (ADSL) products by ensuring that BT does not breach its legal obligations.

  • Monitor of BT’s trial (Q1)
  • Monitor of the pricing of BT’s wholesale products and retail products (Q1-Q4)
  • Monitor of BT’s systems for handling orders and delivering products (Q1-Q4)
  • Keep abreast of ADSL developments internationally (Q1-Q4)

 

D11 Leased Lines Project

Project Manager: Trevor Wood (Tel. 020 7634 8854 e-mail: trevor.wood@oftel.gov.uk)

Other contact: Tim Cross (Tel. 020 7634 8798 e-mail: tim.cross@oftel.gov.uk)

Objective: To assess the level of effective competition for leased lines by conducting an in depth investigation of the cost of leased lines and to examine whether BT's pricing of leased lines, particularly ‘last mile’ circuits is restricting competition in the supply of leased lines and associated products. In the light of this, to review Oftel's policies on leased line pricing and price control mechanisms.

  • Develop a cost model of leased line circuits in conjunction with the appointed consultants (Q1)
  • Issue a consultation document (Q2)
  • Deliver a revised or confirmed policy position (Q3)

 

D12 Licence condition Competition Act review project

Project manager: Don Wilson (Tel. 020 7634 8706 e-mail: don.wilson@oftel.gov.uk)

Other contact: Trevor Wood (Tel. 020 7634 8854 e-mail: trevor.wood@oftel.gov.uk)

Objective: To review competition related licence conditions for overlap with the Competition Act and to recommend potential modifications to licences in light of the review.

  • To review specific competition-related licence conditions, consider possible overlap with Competition Act provisions and recommend rule changes as appropriate (Q1)

 

D13 Interconnection

Programme Manager: Vince Affleck (Tel. 020 7634 8819 e-mail:vincent.affleck@oftel.gov.uk)

Programme Leader: Geoff Brighton (Tel. 020 7634 8925 e-mail: geoff.brighton@oftel.gov.uk)

Objective: To ensure that effective network competition is supported by the effective operation of the UK interconnection regime.

  • Co-ordinate compliance and policy issues relating to wholesale unmetered Internet access (Q1&Q2)
  • Monitor compliance by operators with Significant Market Power in the Interconnection Directive with SMP obligations (Q1-Q4)
  • Review Network Charge Control guidelines (Q2)
  • Chair the OPF/NTS focus group and co-ordinate the implementation of Oftel’s NTS Policy Statement and the review of BT’s NTS Retail Uplift (Q3)

 

D14 Retail Pricing Issues

Programme Manager: Vince Affleck (Tel. 020 7634 8819 e-mail:vincent.affleck@oftel.gov.uk)

Other contact: Keith Loader (Tel. 020 7634 8793 e-mail: keith.loader@oftel.gov.uk)

Objective: To ensure that retail pricing issues (permanent price changes, special offers, third party promotions (affinity deals) and new service trials are in line with licence conditions and do not have an anti-competitive effect.

  • To analyse competition effects of BT’s pricing proposals (including requests for reduced price publication notification periods and below cost pricing) (Q1-Q4)
  • To assess affinity deals and new service trials against licence conditions and published Oftel guidelines (Q1-Q4)
  • To scrutinise PTO retail price change notifications and identify changes to be investigated by Oftel (Q1-Q4).

E Framework projects

E1 Reform of the Telecommunications Act

Project Manager: Neil Buckley (Tel. 020 7634 8880 e-mail: neil.buckley@oftel.gov.uk)
Other contact: Nigel Humberston (Tel. 020 7634 8824 e-mail: nigel.humberston@oftel.gov.uk)

Objective: To enable the development of a competitive market for converging services with appropriate consumer protection by working with the Department of Trade and Industry and the Department for Culture Media and Sport, together with other stakeholders, on proposals to update and reform the Telecommunications Act 1984 and the Broadcasting Act.

  • Input to Government White Paper on the objectives for legislative reform, ensuring consistency with Oftel’s Strategy and the outcome of the EU 1999 Communications Review (Q1&Q2)
  • Contribute to the development of a Communications Bill (Q3&Q4)

 

E2 Encouraging self-regulation and co-regulation

Project Manager: Geoff Delamere (Tel. 020 7634 8745 e-mail: geoffrey.delamere@oftel.gov.uk)

Other contact: Orla Corrigan (Tel. 020 7634 8776 e-mail: orla.corrigan@oftel.gov.uk),

Chris Rowsell (Tel. 020 7634 8890 e-mail: christopher.rowsell@oftel.gov.uk)

Objective: To promote the development of self-regulation and co-regulation by encouraging telecoms stakeholders – consumer groups, industry players and other interested parties – to adopt suitable opportunities for self and co-regulatory initiatives.

  • Identify, analyse and highlight current instances of self-regulation and co-regulation. Issue a consultative document and hold stakeholder workshops (Q1)
  • Facilitate the development of further moves, in appropriate cases, towards greater self-regulation and co-regulation in parallel with a reduction in the scale of formal sector specific and move towards greater reliance on general competition and consumer law (Q2-Q4)
  • Encourage learning from ‘good practice’ models of self-regulation and co-regulation in telecoms sectors in other countries and other industries (Q3-Q4)

 

E3 Stakeholder relationships

Project Manager: Michael Richardson (Tel. 020 7634 8916 e-mail: michael.richardson@oftel.gov.uk),
Contacts for specific stakeholder groups:

  • Service Provider Forum – Michael Richardson (Tel. 020 7634 8916 e-mail: michael.richardson@oftel.gov.uk)
  • Operators Policy Forum – Mike Galvin (Tel. 020 7634 8916 e-mail: michael.galvin@oftel.gov.uk)
  • Consumer Panel – Rosalind Stevens-Strohmann (Tel. 020 7634 8743 e-mail: rosalind.stevens-strohmann@oftel.gov.uk)
  • Internet Policy Forum – David Simpson (Tel. 020 7634 8865 e-mail: david.simpson@oftel.gov.uk)

Objective: To increase stakeholder involvement in Oftel policy making and ensure that stakeholders understand Oftel’s regulatory strategy and Oftel understands the regulatory concerns of industry and consumers.

  • To review the effectiveness of stakeholder fora (Q2)
  • To identify and implement improvements in stakeholder relationships with Oftel (Q2)

 

E4 Oftel Strategy development and implementation

Project Manager: Geoff Delamere (Tel. 020 7634 8745 e-mail: geoffrey.delamere@oftel.gov.uk)
Other contact: Orla Corrigan (Tel. 020 7634 8776 e-mail: orla.corrigan@oftel.gov.uk)

Sarah Evans (Tel. 020 7634 5320 e-mail: sarah.evans@oftel.gov.uk)

Objective: To ensure Oftel works to its goal of the best deal for the consumer by implementing its Strategy through the 2000/1 Management Plan and to measure its success through international benchmarking and co-ordination of market segment reviews

  • Carry out international benchmarking exercises and co-ordinate them with market segment reviews (Q1-Q4)
  • To devise output measures and report under the Government’s Service Delivery Agreements initiative (Q1-Q4)
  • Issue 2000/1 Management Plan (Q1)
  • Identify and publicise moves to lighter regulation as the market develops (Q2)
  • Issue a Statement on effective competition reviews for market segments (Q2)
  • Carry out a mid-term review of the Management Plan, including a measure of the extent to which the Strategy is being implemented (Q3)

 

E5 EU 1999 communications review

Project manager: Jim Niblett (Tel. 020 7634 8780 e-mail: jim.niblett@oftel.gov.uk)

Other contact: Matthew Conway (Tel. 020 7634 8867 e-mail: matthew.conway@oftel.gov.uk)

Objective: To promote the interests of UK telecoms consumers and telecoms industry through the achievement of an appropriate European Union regulatory regime.

  • Advice to DTI on a UK negotiating position in the light of the Commission’s proposals for legislation (Q2-Q4)
  • To play a full part in negotiations alongside government representatives (Q2-Q4)
  • In co-operation with government departments and other regulatory agencies, to seek to influence key players in the Commission, European Parliament and other Members States of the merits of the UK view (Q2-Q4)

E6 Developing international relations

Project Manager: Matthew Conway (Tel. 020 7634 8867 e-mail: matthew.conway@oftel.gov.uk
Other contacts: Joanna Wifalk (Tel. 020 7634 8808 e-mail: joanna.wifalk@oftel.gov.uk),
Rachel Coldebœuf (Tel. 020 7634 5306 email: rachel.coldeboeuf@oftel.gov.uk)

Objective: To promote the interests of UK telecoms consumers and telecoms industry by applying the experience gained from regulating the UK telecoms market to the developing international policy frameworks and to apply the lessons of those frameworks in the UK.

  • Continue to develop relations with other administrations, the Independent Regulators’ Group (meetings Q1 and Q3) and European Conference of Telecommunications Regulatory Affairs (meetings Q1 and Q3) to help improve mutual understanding and to exchange best practice on implementation of current policy.
  • Provide relevant input into the UK’s position for the Millennium Round of WTO and GATS negotiations where these affect the telecoms sector (Q1-Q4)
  • Maintain and enhance the awareness within Oftel and key stakeholders of the international agenda, and continue to improve Oftel’s effectiveness in influencing it (Q1-Q4)

 

E7 Twinning with Poland

Project Manager: Chris Woolford (Tel. 020 7634 8973 e-mail: chris.woolford@oftel.gov.uk)

Other contact: Paul Lonsdale (Tel. 020 7634 8866 e-mail: paul.lonsdale@oftel.gov.uk)

Objective: To bring Poland’s legislative framework and institutional arrangements into line with EU legislation so that Poland is ready to join the European Union from 1 January 2003. Oftel is working with the Radiocommunications Agency (RA) and PTS (the Swedish NRA) on this EU funded project.

  • Prepare an agreement which will set out the programme of assistance which Oftel and partner organisations will provide to the Polish Government, for the liberalisation of polish Telecoms and the development of a regulatory framework which takes account of the needs of industry, all consumers and other interested parties (Q1)
  • Agree the agreement with the European Commission and Polish Government (Q2)
  • Carry out the programme of assistance as defined in the agreement (Q3-Q4)

 

E8 Licensing

Project Manager: Peter Davies (Tel. 020 7634 8923 e-mail: peter.davies@oftel.gov.uk)
Other contact: Ritu Manhas (Tel. 020 7634 5309 e-mail: ritu.manhas@oftel.gov.uk)

Objective: To enable the development of effective competition by facilitating the simplification of the licence granting and modification processes, in particular by the replacement of individual licences with class licences.

  • Co-ordinate debate on the future funding of Oftel in accordance with the Licensing Directive (Q1-Q2)
  • Establish and implement a new system in Oftel for licence modifications (Q1-Q2)
  • Co-ordinate licence modification proposals across Oftel, including proposals for the removal of conditions which are made redundant by a move to lighter regulation (Q1-Q4)
  • Co-ordinate Oftel’s input to the licensing and authorisation aspects of the EU 1999 Communications Review (Q2-Q4)

 

E9 Providing better information for use by Oftel in policy development and compliance

Project Manager: Justin Silvertown (Tel. 020 7634 8748 e-mail: justin.silvertown@oftel.gov.uk)

Other contact: Caroline Lawson (Tel. 020 7634 8883 e-mail: caroline.lawson@oftel.gov.uk)

Objective: To enhance Oftel’s policy development and compliance activities by monitoring developments in telecoms and related markets and analysing their impact on Oftel’s work and disseminating these findings across Oftel.

  • Deliver regular presentations on key players strategies (Q1-Q4)
  • To build contacts with key market participants (companies, analysts etc) to assist in understanding company strategies and possible regulatory impact on them (Q1-Q4)
  • On-line company databases- continue to develop and keep under review mechanisms to ensure company/market information is readily available to all staff in Oftel (Q1-Q4)
  • Prepare a regular newsletter detailing market developments that have relevance to Oftel’s day to day work (Q1-Q4)

 

E10 Compliance Policy Issues

Programme Manager: Trevor Wood (Tel. 020 7634 8854 e-mail: trevor.wood@oftel.gov.uk)

Other Contact: Alistair Bridge (Tel. 020 7634 8782 e-mail: alistair.bridge@oftel.gov.uk)

Objective: To achieve ‘joined up thinking’ across Oftel by ensuring effective liaison improve between the Compliance and Regulatory Policy Directorates on policy issues and casework.

  • To set up a framework to ensure liaison with other parts of Oftel (eg Regulatory Policy, Business Support) operates smoothly. Issue report on effectiveness every three months (Q1-Q4)
  • To make the Compliance Policy Group an effective forum to discuss policy issues arising from Compliance work. Monthly meetings to be held (Q1-Q4)

F. Internal projects and programmes – helping Oftel to operate efficiently and effectively

F1 Personnel Policy and Civil Service Reform Programme

Programme Manager: Ros Badger (Tel. 020 7634 8783 e-mail: ros.badger@oftel.gov.uk)

Other contact: Gill Loader (Tel. 020 7634 8789 e-mail: gillian.loader@oftel.gov.uk)

Objective: To create a more open, diverse and professional department by delivering an efficient and responsive HR service and ensuring that Oftel recruits, retains, develops and rewards high quality and able staff. The core work programme is aimed at providing a high quality service to Oftel staff each day.

  • Drive forward the new agenda of Civil Service reform on the basis of the key themes set out in Sir Richard Wilson’s report to the Prime Minister (Q1-Q4 and beyond)
  • Annual pay negotiations, taking account of proposals arising from the recent pay and banding review (Q2). Production of ‘user friendly guide’ to the pay system (Q2)
  • Proactively monitor sick absence to continue in accordance with a target to reduce the average number of days lost from 6.5 in 1998 to 4.7 in 2001 (Q1-Q4)
  • Conduct a third staff attitude survey (Q3)

 

F2 Training and Development Programme

Programme Manager: Carol Coyne (Tel. 020 7634 8997 e-mail: carol.coyne@oftel.gov.uk)

Other contact: Hugh Robertson (Tel. 020 7634 5302 e-mail: hugh.robertson@oftel.gov.uk)

Claire Glover

Objective: To ensure that Oftel continues to meet the Investors in People (IiP) standard by providing quality, business driven, customer focused training and development opportunities accessible to every member of Oftel staff.

  • Design, deliver and evaluate a portfolio of in-house training events which meet individual and business needs in a way which ensures Oftel successfully meets the IiP standard when reassessed (ongoing)
  • Expand the range of in-house management training so that Development & Reporting Managers and Project Managers are equipped to meet the expectations laid out in the Civil Service Reform Report (Q2)
  • Review and expand the range of relevant training opportunities available to Band A staff (Q1-Q2)

 

F3 Budget Management Programme

Programme Manager: Paul Heseltine (Tel. 020 7634 8791 e-mail: paul.heseltine@oftel.gov.uk)

Other contact: Walton Edwards (Tel. 020 7634 8792 e-mail: walton.edwards@oftel.gov.uk)

Objective: To provide an effective finance and accounting service to the department.

 

  • Implement the budget management programme for 2000/01 through the introduction and maintenance of a new resource accounting system, to the deadlines set, with improved financial information being made available to budget managers
  • Ensure that Oftel continues to adhere to the Prompt Payment Code.

 

F4 Knowledge Management

Project Manager: Duncan Stroud (Tel. 020 7634 8750 e-mail: duncan.stroud@oftel.gov.uk)

Other contact: Anne Cameron (Tel. 020 7634 8958 e-mail: anne.cameron@oftel.gov.uk)

Objective: To ensure that Oftel staff can access and share the information necessary for their day to day work across the whole organisation. Introduce a redesigned website that will allow easy access and navigation by industry and the public seeking information published by Oftel.

  • Review the Oftel Internet website. Appoint external design consultants to undertake a major redesign of its structure and presentation. There will be a particular emphasis on making sure that relevant information on the site is readily accessible to consumers. (Q1)
  • Ensure that Oftel’s Intranet meets the needs of staff to access and share information across the whole organisation. This will include a review of the structure and presentation of the Intranet. (Q4)

 

F5 Electronic Records Management

Project Manager: Duncan Stroud (Tel. 020 7634 8750 e-mail: duncan.stroud@oftel.gov.uk)

Other Contact: Rachel Reeve (Tel. 020 7634 8762 e-mail: rachel.reeve@oftel.gov.uk)

Objective: To assist Oftel in becoming an effective learning organisation by improving access to and organisation of information using available new technology and to improve public access to the Public Register.

  • Audit paper and electronic records and continue to ensure compliance with Data Protection Act (Q1-Q2)
  • Introduce Oftel-wide files database (Q1)
  • Provide an electronic Public Register of licenses and related documents (Q4)
  • Engage external experts to develop procedures for and advise on the procurement of IT tools for the management and control of electronic records collections (Q3-Q4)

 

F6 IS and IT Programme

Programme Manager: Laura Dawson (Tel. 020 7634 8796 e-mail: laura.dawson@oftel.gov.uk)

Other contact: David Burke (Tel. 020 7634 8797 e-mail: david.burke@oftel.gov.uk)

Objective: To provide Information Systems which most effectively support Oftel's business needs and meet the wider objectives of the Modernising Government (Information Age Government) programme.

 

  • Develop plans for attaining BS7799 (code of practice for information security management) including plans to meet training needs (Q1)
  • Implement the Competition Casework System for the Compliance Directorate Q1)
  • In conjunction with the Office of Fair Trading and other regulators, Investigate the requirements for the Regulators' Intranet for Case Notification (Q4)

Back to Contents


Chapter 3

Consultation process and responses

Basis of consultation

3.1 Oftel prepares and publishes a Management Plan every year. The 2000/1 Plan is the first which will implement Oftel’s new Strategy, ‘Achieving the best deal for consumers’, which was published in January, 2000.

3.2 An initial draft of the Management Plan was drawn up following consultation with stakeholders and internal meetings with all of Oftel’s staff. This was issued as a consultation document in February, 2000. The consultative document was sent to consumer groups, telecoms companies, other regulators and interested parties and was posted on the Oftel web-site.

Respondents

3.3 Responses were received from the following organisations:

  1. BT
  2. BTCellnet
  3. Communications Council for England (the English Advisory Committee for Telecoms)
  4. The Countryside Agency
  5. DIEL (Advisory Committee on Telecoms for Disabled and Elderly People)
  6. GWR Group
  7. NIACT (Northern Ireland Advisory Committee on Telecommunications)
  8. Office of Water Services (OFWAT)
  9. Public Utilities Access Forum (PUAF)
  10. Royal National Institute for the Blind (RNIB)
  11. Thus
  12. Service Providers Interest Group (SPIG)

3.4 Appointments to view written comments in Oftel’s Research and Intelligence Unit, which must be made in advance, can be arranged by ringing: 020 7634 8761 or by fax on

020 7634 8946.

Summary of consultation responses received

3.5 Most respondents supported the Strategy which underpins the Management Plan. The intention to move away from formal regulation to self and co-regulatory initiatives where possible was welcomed by a number of respondents – although some industry respondents felt that insufficient detail was given on the process of deregulating. The intention to increase stakeholder involvement was widely welcomed, particularly by consumer groups.

3.6 The main points raised in the responses are listed below, with Oftel’s comment. Responses commenting on individual projects and programmes have been passed to the relevant project/programme managers.

Main points raised in the consultation

3.7 Stakeholder involvement

A number of respondents felt that Oftel must ensure that all stakeholders are involved in designing self and co-regulatory initiatives.

Oftel agrees with this – increasing stakeholder invlovement is central to Oftel’s Strategy and is essential if self and co-regulatory initiatives are to be a success. Oftel will issue a consultative document on self and co-regulation by May, 2000, to which all stakeholders will be invited to respond. Oftel also intends subsequently holding a stakeholders' workshop to develop self and co-regulatory policies.

3.8 Consumer protection

A number of respondents expressed concerns that competition was being over-emphasised at the expense of consumer protection, and that disadvantaged groups could suffer in a deregulatory environment.

Oftel recognises that even effective competition will not always ensure that consumers are adequately protected or informed. The Oftel Strategy is one of 'competition plus'. Competition is the key driver to obtain the best deal for the consumer. 'Competition plus' recognises that, given the nature of telecoms networks and the critical role of telecoms services for users, there are circumstances where some formal or informal regulatory action is needed to protect consumers' interests in addition to the achievement of effective competition, particularly for disadvantaged groups.

Oftel welcomes input from all consumer groups and representatives of disadvantaged groups in its policy formulation.

Universal Service

3.9 A suggestion was made that the Universal Service Obligation be extended to include high bandwidth services.

Oftel and the DTI are currently reviewing USO. A joint consultation process was launched in winter, 1999. A further consultation document will be issued in spring, 2000, with a joint Statement expected in the autumn, 2000.

Move to light touch regulation.

3.10 A number of respondents requested more information on how Oftel is to manage the process of deregulation. Other requested information on how Oftel would assess that regulation is no longer needed, and on the treatment of new or emerging services.

Oftel is committed to moving to a lighter regulatory regime, with greater stakeholder invlovement. This will be done in a number of ways – by removing licence conditions which are made redundant by the introduction of the Competition Act (see project D12) and by identifying formal regulatory initiatives which can be replaced with self or co-regulation.

Oftel is still developing, as part of its ongoing work on self and co-regulation, the process by which it will shift from formal regulation. This will be considered in the consultation which will be launched in May, 2000.

With regard to how Oftel will assess when regulation is no longer needed, a list of effective competition tests, which were drawn up following the stakeholder workshop on effective competition in March is attached at Appendix 4.

Oftel will not automatically regulate new or emerging services. Oftel recognises that unnecessary regulation puts an unnecessary burden on the industry. The starting point for new services is that they will not be regulated except where there is leverage of market power from existing adjacent markets. Regulation would only be introduced following a cost benefit analysis and any such regulation would be subject to regular reviews.

Market reviews

3.11 A number of respondents felt that the market reviews were not frequent enough at 2 yearly intervals, particularly for the Internet and mobile sectors.

Oftel intends to carry out thorough reviews of the market sectors and has estimated that each review will take approx. 36 weeks, as set out in Appendix 3. If reviews were carried out any more frequently than two years they could become a constant rolling process. This would cause difficulties as:

  • stakeholders and Oftel lack sufficient resources to carry out and participate in continual reviews; and
  • there would be no time for proper implementation of actions resulting from the reviews.

Project managers will of course continue to monitor developments in their sectors and to recommend policy changes if necessary.

Back to Contents


Appendix 1

Projects and programmes organised according to subject.

Access to infrastructure and other resources

A2 Local loop unbundling

A3 Access to Radio spectrum

A4 Principles of access to communications networks

Broadcasting

A7 Broadcasting markets competition

Competition casework

D1 Compliance casework

D3 Compliance monitoring unit

D4 Industry compliance

D5 International controls programme

D6 Mergers programme

D9 Financial information systems

D10 ADSL roll-out

D11 Leased lines project

Consumer information

B1 Raising customer awareness

B2 Research into consumer views

B3 Comparable Performance indicators

B4 Price Comparisons

B7 Welsh language scheme

Consumer protection

A6 Directory Enquiries

C1 Price control review

C2 Universal service

C3 Consumer representation

C4 Terms in telecoms contracts

C5 Metering and billing

D7 Price of calls to mobiles

D14 Retail pricing issues

International

E5 EU 1999 Communications Review

E6 Developing international relations

E7 Twinning with Poland

Internet and e-commerce

A8 Internet and e-commerce

C8 Learning society access

Legislative framework – domestic and EU

C9 Data Protection

C12 Dispute resolution procedure

D8 Developments in competition legislation

D12 Licence conditions – Competition Act review

E1 Telecoms Act reform

E8 Licensing

Market information

A10 Better market info. for stakeholders

E9 Better info. for Oftel

Mobile

A1 Competition in mobile markets

Network issues

A9 Network interoperability

D13 Interconnection

Numbering

C13 New Numbering Administration

C14 Numbering programme

Oftel internal admin.

D2 Quality assurance

F1 Personnel Policy and Civil Service Reform

F2 Training and Development

F3 Budget Management

F4 Knowledge Management

F5 Electronic Records Management

F6 IS and IT

Provision of specific services

A5 Carrier pre-selection implementation

C6 Essential requirements

C10 Premium rate services

C11 Calling Line Identification

Stakeholders – (consumers, industry and other regulators)

B5 Small Business Task force

B6 Large Business User Panel

C7 Advisory Committees on Telecommunications (ACTs)

E2 Self and co-regulation

E3 Stakeholder relationships

E4 Strategy

Back to Contents


Appendix 2

Expenditure Plans 2000-01

A2.1 Oftel’s funding is provided by Parliament and is subject to strict public expenditure controls. However most of its costs are recouped from licence fees paid by the telecommunications operators and from other miscellaneous income.

A2.2 Oftel’s total expenditure in 1998-99 was £11.5 million, which included running costs of £10.5 million. The total forecast expenditure for 1999-2000 is £14 million including £11.7 million running costs. This expenditure included significant restructuring costs.

A2.3 Oftel’s planned running costs expenditure for 2000-2001, as published in March 1999 in the Government Expenditure Plans (CM 4211), were set at £11.3 million.

A2.4 However Oftel’s work programme has increased substantially since these expenditure plans were agreed, and to carry out the full programme of work outlined in this draft Management Plan additional resources will be required. In particular, market developments, the rapid growth of Internet use and services and the coming of new broadband services require increased Oftel effort in policy development in these areas. These new telecoms services are vital to the development of e-commerce and the information society. The importance of Oftel increasing its work and focus in these areas has been recognised by both the Trade and Industry Committee (in its July 1999 report on Electronic Commerce) and by the Cabinet Office PIU report of September 1999 on E-commerce.

A2.5 Subject to the necessary approval by Parliament and the Treasury for the revised spending proposals, Oftel intends to allocate resources in 2000-2001 as follows:

£ million

Revised spending proposals 2000-01 Increase on previous expenditure estimate
Running Costs

Other current costs (operating costs of Advisory Committee on Telecommunications; Litigation costs and co-operation with economic regulators overseas)

Capital

Total (gross)

12.9

1.2

 

 

 

0.6

14.7 *

 

 

1.5

0.9

 

 

 

0.3

2.7 *

* £0.9m of this is directly recoverable from the EU for project E7 Twinning with Poland

A 2.6 'Under the EC Telecommunications Licensing Directive (97/13/EC) the costs of certain areas of Oftel's activities cannot be recovered from licence fees. Discussions are therefore continuing within Government on how to meet the estimated £2.4 million cost of 'non-recoverable' areas of Oftel's work.'

Staffing

A2.7 Subject to the above spending proposals being approved, the average number of staff employed in Oftel should increase to some 209 in 2000-01. A total of 194.5 staff (including part-time staff) were employed in Oftel in January 2000

Back to Contents


Appendix 3

Effective competition reviews

A3.1 These reviews will focus on the extent and effectiveness of competition in particular areas of the market. There will be two cycles of reviews – one cycle for markets and one cycle for consumer protection policies – to identify whether, and if so what, regulation is required and to take appropriate action as a result.

A3.2 For each review cycle consumers will be taken to be the final consumers of telecommunications services, which includes both residential and business consumers, but excludes service providers and resellers.

A3.3 The most appropriate framework for reviewing non-market issues is by assessing the scope for self and co-regulation. Therefore this point will be further considered as part of the consultation on self and co-regulation.

A3.4The market review process has been developed in conjunction with stakeholders at a workshop held in March, and is set out below in A3.6. A summary of the stages involved is attached as a timetable – Table A3(I).

A3.5 The review will comprise a single consultation period of 3 months to capture views/inputs on both the assessment of effective competition in a broad market segment and cost/benefit assessment of policy options flowing from the assessment.

A3.6 The reviews will take 36 weeks to carry through. Any longer, on a two year review cycle, would risk reviews merging into each other.

A3.7 The following are the guidelines for project and programme managers for carrying out a review.

1. Internal – start of process

Oftel’s project team for relevant market segment to meet to decide:

a) stakeholders (both appropriate consumer groups – residential and/or business – and industry players) with whom to hold exploratory, scoping discussions;

b) timescale for review and stages;

c) resources required;

d) coverage of document ie indicators and weighting;

e) clarify how deal with emerging policy issues or competition complaints in relation to review process;

f) focus of internal and external data collection;

j) where industry/consumers can input – data and timescales;

k) co-ordination of the review with international benchmarking work and Oftel market research processes.

 

2. Formal, external start of process

Oftel will issue document (not a formal condoc) which will be the formal trigger for the commencement of the review. The document will include

a) definition of the market segment under review (recognising relevant ‘economic market’ subsets based on geographic, customer group, and other relevant distinctions);

b) reflection on current regulatory interest in the segment;

c) an initial assessment of effective competition indicators likely to be most significant for the segment as a whole;

d) the stages of the review process;

e) the proposed time taken and Oftel’s data collection plans; and

f) identifying where information is sought from stakeholders (separate out data to be required under licence conditions and voluntary submissions to be requested from both licence and non licence holders) – emphasis placed on this distinction will depend on:

(i) how critical to the review specific data sets are

(ii) likely availability of data

(iii) existence of alternative data sources.

3. Initial assessment phase

This is a key stage of the review process – Oftel will carry out an analysis of the data against effective competition indicators, taking account of weighting factors set out in initial document (under (2) above). Data collected during the period will be posted on Oftel website, once its validity is checked. Data supplied by stakeholders will be attributed to them.

4. Condoc

Oftel will issue a condoc which will set out:

a) Oftel’s initial assessment of status of market segment in relation to effective competition (ie one of three outcomes – effective competition exists, is in prospect or is not in prospect);

b) the evidence on which assessment is based

c) existing policies relevant to the segment

d) the implications for these policies of the initial assessment of the status of effective competition being confirmed subsequently;

e) Oftel’s assessment of costs and benefits of different policy options relevant to the view being taken of effective competition.

The questions posed in the consultation to stakeholders will focus on the following:

f) do they agree with initial assessment of effective competition;

g) do they agree with list of relevant policies;

h) do they agree with the assessment of costs and benefits;

i) do they agree with proposed actions in regard to these policies;

j) if they do not agree with any of the above, why not and can they provide/suggest alternative evidence/policy options.

5. Responses to the condoc

Stakeholders will be given 3 months to respond to the condoc. Oftel will:

a) monitor key indicators for any changes during this period

b) review condoc responses and pro-actively maximise number that are accessible via Oftel website

6. Preparation of a statement

Oftel will prepare a statement and update the assessment of costs and benefits:

a) updating the assessment using current market/consumer data/intelligence

b) preparing a statement of results of effective competition review and

c) setting out the selected option for changing policy approach following cost/benefit assessment

7. Publication of the statement setting out the effective competition view.

8. Implementation of proposed actions.

A3.8 A timetable for the review process is shown in Table A3(I) below.

A3.9 The Strategy statement included a timetable for the reviews for some of the main market segments – this is reproduced below as Table A3(II).

illustration

illustration

Back to Contents


Appendix 4

Guidelines for assessing the costs and benefits of regulatory action.

Assessing the costs and benefits of policy options.

A4.1 Oftel in its Strategy statement sets out its intention to move, where possible, to lighter touch regulation. In most cases light touch regulation will be implemented by various policy instruments. Oftel will need to identify the various options open to it and to weigh up the pros and cons of each one.

A4.2 Oftel will asses the costs and benefits of the policy options open to it through a process of cost benefit analysis. Cost benefit analyses (CBA’s) are usually undertaken in situations where the costs and benefits of particular events fall on different parties: the aim of such studies is to identify and measure the likely costs and benefits to assess whether the benefits of taking action outweigh the expected costs. A positive benefit indicates action might be taken and vice versa.

A4.3 Oftel will use CBA’s to decide whether regulatory action is required and if so what form it should take based as far as possible on objective information.

Use of CBA’s

A4.4 CBA’s will be carried out as part of the preparations for the effective competition reviews which are explained in Appendix Three. The project team will carry out a CBA in their initial consideration of the market segment or policy which is to be reviewed. The results of the CBA will be included in the consultative document which will be issued to stakeholders. Stakeholder inputs will be requested on: the methodology used; provision of additional data to that included by Oftel; and analysis of the results.

A4.5 Use of CBA’s will not be limited to sectors which are to undergo effective competition reviews. CBA’s will also be carried out as part of whatever new regulatory initiatives are proposed, or regulation extended to new service or product areas. CBA’s may also be carried out on an ad-hoc basis by project and programme managers in response to significant developments in a sector.

Guidelines for carrying out CBA’s

A4.6 The Guidelines below set out the process which Oftel will follow in carrying out CBA’s, and the criteria which will be considered. All Oftel project and programme managers will receive training in applying this process to ensure consistency of analysis across the organisation.

A4.7 The process to be followed by Oftel

  1. Identify the market or policy which is to be assessed.
  2. Draw up various policy options for the area involved including identification of the form of regulation proposed ( ie statutory regulation, co regulation or self regulation)
  3. Identify the relevant stakeholders involved in a sector.
  4. Assess the costs and benefits of the various policy options for each category of stakeholder.
  5. Seek to quantify or at least scale the monetary value of the costs and benefits.
  6. Through the consultative process invite stakeholder input to refine or improve the initial CBA prepared by Oftel.
  7. Finalise the CBA following the stakeholder consultation.
  8. If the CBA indicates that the costs of an existing or proposed policy option outweigh its benefits, review the policy with the aim of changing it
  9. Issue a statement on the policy chosen – if a policy which has failed a CBA is to be implemented or continued, set out the reasons.
  10. Implement the chosen policy

A4.8 Underlying principles

  • CBA’s should not be too demanding of resources. The resources put into a CBA should reflect the importance of the issue: for policy issues of moderate importance perhaps 5 person days would be sufficient.
  • Estimates of costs and benefits should be based on readily available material and plausible reasoning where that is not available.
  • The main assumptions should be accompanied by a check on the extent to which the scale of costs and benefits would change significantly if the assumptions were different.
  • The cost and benefits of various policy options should be examined, including regulatory disengagement, and maintaining existing policy. Existing policy should act as a benchmark (see paragraph A4.12 below for more details).

The Costs and Benefits

A4.9 The following are the costs and benefits which will be considered – within the timescale envisaged (a maximum of one week for issues of moderate importance) it is clearly not always possible to come up with definitive numbers in which case plausible assessments of costs and benefits may be sufficient.

A4.10 Costs

  • The costs to consumers eg higher prices or reductions in quality of service or service availability.
  • Costs to industry:

Direct costs eg buying new equipment;

Recurring costs eg dealing with regulatory requests;

Lower profits

  • Cost to Oftel eg the expected staff-hours of setting up the regulatory approach and subsequent monitoring where appropriate.
  • Any wider costs, for example, the impact on investment and innovation of setting particular prices for access.

A4.11 Benefits

  • Lower prices or greater output or both.
  • Greater efficiency.
  • Greater variety of services and functionality.
  • Improvements in quality of service for a given price.
  • Lower costs of compliance.

Assessment against a benchmark

A4.12 The assessment of costs and benefits needs to take place against a clear benchmark: the benchmark for any CBA is usually a ‘do-nothing’ base case, ie what would happen if no new action was taken. This leads to an important practical point in undertaking the CBA: the costs and benefits are incremental to what would have occurred without any "further" intervention. Oftel will measure the costs and benefits resulting from a particular regulatory action. For example if prices are generally falling even without a proposed piece of action, the benefit would be the anticipated additional fall due to the action proposed. Establishing the likely events under the base case is therefore a fundamental starting point for cost benefit assessment.

Examples of CBA’s

A4.13 The following examples show how costs and benefits may initially be weighted as part of a CBA. In carrying out a CBA Oftel would seek to quantify or at least scale the monetary value of the costs and benefits (an exercise which is too resource intensive for this paper).

Geographic Number portability

Costs Benefits
Implementation costs

Operators administrative systems

Technical systems and equipment changes

Oftel compliance and monitoring

Informing consumers

Reduce consumers switching costs

Increase ease of switching

Increase competition

Consumers more easily available to take advantage of innovative process and services

BT price control

Costs Benefits
Compliance work for BT

Compliance work for Oftel

Limits incentives to invest and innovate by all major players – impact wider than just BT

Limits possibility of entry

Consumers pay lower prices for controlled services

Knock-on effect for overall competitiveness

Potential for greater efficiency for BT

Back to Contents


Appendix 5

Responding to this Statement

A5.1 Oftel issued a draft of this 2000/1 Management Plan as a consultation document in February 2000. This statement has been drawn up following consideration of responses to the consultation document and represents the basis on which Oftel intends to carry out its work in the coming year subject, of course, to any major changes in circumstances.

A5.2 Any further comments on this statement should be made in writing and sent to:

Orla Corrigan
Regulatory Policy Directorate
Oftel
50 Ludgate Hill
London, EC4M 7JJ

Tel: 020 7634 8776

E-mail:

A5.3 Written comments will be made publicly available in Oftel’s Research and Intelligence Unit except where respondents indicate that their response, or parts of it, are confidential.

Respondents are therefore asked to separate out any confidential material into a confidential annex which is clearly identified as containing confidential material. In the interests of transparency, respondents are requested to avoid confidentiality markings wherever possible. Appointments to view written comments in Oftel’s Research and Intelligence Unit, which must be made in advance, can be arranged by ringing: 020 7634 8761 (fax: 020 7634 8946).

Internet Access

A5.4 Oftel would like to set up a link between this statement and any responses placed on respondents own Internet pages. Please contact Jo Hamilton at Oftel on 020 7634 8755 or by e-mail:   to arrange this. Confidential responses should not be sent via the Internet.

A5.5 Oftel has a free e-mail based mailing list to help people stay informed about the work that Oftel is doing. Each time an Oftel document is published and placed on Oftel's web site web.oftel@gtnet.gov.uk subscribers to the list receive an e-mail informing them about the document. If you would like to join please use the electronic form on the web site to add yourself to the list. There is a link to the form from the What's new section of the site.

A5.6 Alternative Formats

  • Copies of the full statement are available on disk.
  • The Summary is available in large print, braille, and tape formats.

A5.7 Please contact the Oftel Research and Intelligence Unit on 020 7634 8761, or by

e-mail infocent.oftel@gtnet.gov.uk, or call textphone 020 7634 8769 for more information.


Glossary

ACTs – Advisory Committees on Telecommunications.

ADSL – Asymmetric digital subscriber loop (ADSL) is a technology that allows the use of a copper line to send a large quantity of data (eg a television picture) in one direction and a small quantity (eg a control channel and a telephone call) in the other.

ATM – Asynchronous Transfer Mode – the internationally agreed basis for broadband ISDN. A technology that enables all types of information (data, voice and video in any combination) to be transported by a single network infrastructure.

Broadband – A service or connection allowing a considerable amount of information to be conveyed, such as television pictures. Generally described as a bandwidth of more than 2Mbit/s.

Calling Line Identity (CLI) – A facility that enables identification of the number from which a call is being made.

Customer premises equipment (CPE) – Sometimes referred to as customer apparatus or consumer equipment, being equipment on consumers premises which is not part of the public telecommunications network and which is directly or indirectly attached to it.

DfEE – The Department for Education and Employment.

DTI – The Department of Trade and Industry.

ECTRA – European Committee for Telecommunications Regulatory Affairs. ECTRA is the main European forum for the discussion of regulatory issues, set up within the framework of the European Conference of Postal and Telecommunications Administrations (CEPT).

Electronic Programme Guide (EPG) – software in the receiver which takes data on programmes and displays these in the form of an on-screen guide. The guide displays information about what is on now and next on each channel as well as future programmes. Viewers may also be able to use the on-screen menus to order pay per-vie services or to access interactive services.

ICSTIS – Independent Committee for the Supervision and Standards of Telephone Information Services

IP – Internet Protocol – packet data protocol used for routing and carriage of messages across the Internet.

Interoperability – the technical features of a group of interconnected systems (systems includes equipment owned and operated by the customer which is attached to the public telecommunication network) which ensure end-to-end provision of a given service in a consistent and predictable way.

ITC – Independent Television Commission

Narrowband – A service or connection allowing only a limited amount of information to be conveyed, such as for telephony. This compares with broadband, which allows a considerable amount of information to be conveyed.

NTS – Number Translation Services – describes a range of specially tariffed services, primarily used for telemarketing, which include 0500/0800 Freephone, 0345/0645/0845 local call fee access, 0870/0990 national call fee access and 08xx/09xx Premium Rate Services. These services are offered at specific price points in order that customers calling from any fixed network will know that the quoted retail price is the maximum they will be charged for calls to a particular number range.

OFT – Office of Fair Trading

Premium Rate Service (PRS) – Services, including recorded information and live conversation, run by independent service providers. All calls to these companies are charged at a higher rate than ordinary calls to cover the companies' costs in providing the content of the call and the operator's cost for the special network facilities needed.

Public Switched Telephone Network (PSTN) – The telecommunications networks of the major operators, on which calls can be made to all customers of the PSTN.

Public Telecommunications Operator (PTO) – Network operators with powers granted by the Secretary of State for Trade and Industry under the Telecommunications Act 1984 to enable them to install their systems on public and private land, property etc.

RA – The Radiocommunications Agency

Radio Spectrum – The range of wavelengths used, for example, for broadcasting radio, terrestrial television and satellite television. Usable wavelength ranges from about 100 KHz to about 400 GHz although there are as yet no broadcasts above about 12 GHz.

Universal Service (US) – A provision in some Telecommunications Act licences requiring the licensee to provide certain services to all specified persons. For example, BT is currently required to provide basic voice telephony and certain other established telecommunications services to anyone who may reasonably request them.

Vertical integration – where a single company is active in more than one stage in the production and supply of a good or service eg where a network operator also provides enhanced services which are carried over the network or supplies the consumer equipment needed to access services it provides.


illustration

home

Layout image
Layout image Layout image
Layout image Layout image Layout image
Layout image Layout image