Own-initiative investigation into Etico Solutions Limited concerning its compliance with General Condition 22 – Service Migrations

23 August 2013

Complainant: Ofcom own-initiative investigation following complaints from consumers and other communications providers
Investigation against: Etico Solutions Limited
Case Opened: 15 February 2013
Case closed: 23 August 2013
Issue: Whether Etico Solutions Limited has complied with its obligations under General Condition 22 of the General Conditions of Entitlement.
Relevant Instrument: General Condition 22 (“GC22”) concerning Service Migrations

Ofcom has now concluded this investigation.

The investigation was opened following complaints from consumers and other Communications Providers (CPs) about Etico’s failure to provide Migration Authorisation Codes (MACs) upon request. The investigation examined whether there are reasonable grounds to believe that Etico failed to comply with its obligations under GC22.1(a) to comply with the provisions of the MAC Broadband Migrations Process (Annex 1 to GC22.1) and, in particular, paragraph A1.1(b) (relating to the obligation to issue MACs on request to downstream CP customers) during the period from February 2011.

As part of the investigation, we gathered and assessed a number of forms of evidence. These included Etico’s response to a formal information request as well as information provided by three of Etico’s downstream reseller customers.

Following a thorough assessment of all the evidence gathered, Ofcom has decided not to take enforcement action as the information and evidence examined by Ofcom during the investigation did not highlight systemic compliance issues, or a significant pattern of conduct consistent with a breach of GC22.

However, Ofcom did identify some areas of weakness in respect of the time taken by Etico to provide MACs on request to its downstream reseller customers in accordance with GC22. In light of this, Ofcom wrote to Etico about the need for it to improve its processes and procedures for responding to MAC requests from its downstream reseller customers in accordance with GC22 to prevent similar delays from occurring going forward.

Text published when the case was opened

Ofcom has opened this investigation following recent complaints from consumers and other Communications Providers (CPs) about Etico’s failure to provide Migration Authorisation Codes (MACs) upon request.

Ofcom’s investigation will examine whether there are reasonable grounds to believe that Etico has failed to comply with its obligations under GC22.1(a) to comply with the provisions of the MAC Broadband Migrations Process (Annex 1 to GC22.1) and, in particular, paragraph A1.1(b) (relating to the obligation to issue MACs on request to downstream communications provider customers) during the period from February 2011. The investigation will also look at Etico’s compliance with other sections of GC22 as appropriate.

Case Leader: Gavin Daykin (email: gavin.daykin@ofcom.org.uk)
Case Reference:  CW/01099/01/13