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Nexus
- Alleged misuse of personal numbers
Complainant: MCI
Complaint against: Nexus Telecommunications Ltd
Case opened: 14 April 2003
Case closed: 11 August 2003
Issue: Alleged misuse of personal numbers
Relevant instrument: Up to 25 July 2003: Numbering Conventions
Issue 5 and Condition 21 of Nexus' ISVR licence. From 25 July
2003: the National Telephone Numbering Plan and General Condition
17 of the Communications Act 2003
Calls to telephone
number 07003 400001 were connected to a pre recorded announcement
about 'holidays in the sun'. This message stated that calls would
be charged at £1.50 per minute. However, this charging announcement
was incorrect; calls to 07003 4 were in fact charged at a maximum
of 38 pence-per-minute. The announced rate applied to customers
calling the service on a premium rate number.
Oftel found
that there was no evidence to suggest revenue sharing but questioned
the use of the number.
Under Issue
5 of the Numbering Conventions, which came into effect on 3 March
2003 and fell on 25 July 2003, numbers in the 070 range were designated
for Personal Numbering Services.
Convention
A5.3 defined Personal Numbering Services as services "which
enable users to be called using a single telephone number and
to receive those calls at virtually any telephone number, including
mobile numbers".
Oftel found
that a 'content service' was being offered on telephone numbers
070 0340 0001 through to 0010. Oftel did not consider content
messages to be Personal Numbering Services as they do not contain
a find-me-anywhere element as required by the Conventions. Nexus
was therefore in breach of Condition 21.2 of its licence which
stated:
"Except
where the Director agrees otherwise, the numbering plan shall
be consistent with the conventions".
Nexus acknowledged
this breach and removed telephone numbers 070 0340 0001 through
to 0010 from the 070 platform. These numbers were removed by 6
June. The breach under Condition 21.2 was therefore ended by 6
June 2003.
To ensure
a similar breach would not occur, Oftel obtained a Numbering Plan
from Nexus. This Numbering Plan describes the method used for
the Adoption of a Telephone number and sets out the specific number
rules for use of the number(s) by the company's customers.
It should
be noted that on 25 July 2003 the General Conditions of Entitlement
replaced the Telecommunications Act licencing regime. In particular,
General Condition 17 concerns the use of telephone numbers and
requires Communications Providers to have a Numbering Plan which
is compliant with the National Telephone Numbering Plan (the "Plan").
The Plan has
replaced the Numbering Conventions. It requires that "numbers
in the 070 range shall not be used for Premium Rate Services and
those Adopting Personal Numbers shall not share with any End-User
any revenue obtained from providing a Personal Numbering Service".
Given the
assurances provided by Nexus in relation to its number allocation
procedures, and in light of the numbering plan provided by Nexus,
Oftel is currently satisfied that Nexus is fully aware of its
obligations under General Condition 17.
Accordingly,
Oftel has now closed its investigation.
Case Leader:
Ian Vaughan (020 7634 5330 e-mail:
ian.vaughan@oftel.gov.uk)
Case
Reference: CW/00610/04/03
Text
published when the case was opened.
Nexus -
Alleged misuse of personal numbers
Complainant:
MCI
Complaint against: Nexus Telecommunications Ltd
Case opened: 14 April 2003
Issue: Alleged misuse of personal numbers
Relevant instrument: Numbering Conventions (Issue 5) and
Condition 21 of the Nexus's International Simple Voice Resale
(ISVR) licence
Oftel has
received a complaint from MCI who noticed what appeared to be
premium rate content services being supplied on a 070 number.
The only services authorised for use on the 070 range are personal
numbering services, which enable end users to be called using
a single telephone number and to receive those calls at virtually
any telephone number.
Oftel is currently
investigating the matter.
Case leader:
Ian Vaughan (020 7634 5330 e-mail:
ian.vaughan@oftel.gov.uk)
Case reference: CW/00610/04/03
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