Own-initiative investigation into Three concerning its compliance with Section 105A(1) – (3) of the Communications Act 2003 and General Condition 3.1

16 June 2017

Complainant: Ofcom own-initiative investigation
Investigation against: Hutchison 3G UK Limited (“Three”)
Case Opened: 28 November 2016
Case closed: 16 June 2017
Issue: Whether Three complied with its obligations under Section 105A(1) – (3) of the Communications Act 2003 and General Condition 3.1 in relation to network security and access to emergency services.
Relevant Instrument: Section 105A of the Communications Act 2003 and General Condition 3 of the General Conditions of Entitlement

Update – 14 July 2017

A non-confidential version of the Confirmation Decision issued to Three on 16 June 2017 can now be found under related content.

End of update note

On 16 June 2017, Ofcom issued a Confirmation Decision to Three in this investigation under section 96C of the Communications Act 2003. For further information, see the accompanying press release. Ofcom will make available a public version of the Confirmation Decision as soon as possible.

Text published when case was opened

On 28 November 2016 Ofcom opened an investigation into Hutchison 3G UK Limited’s (“Three”) compliance with section 105A(1) – (3) of the Communications Act 2003 (“the Act”) and General Condition 3.1 (GC3.1). This investigation follows Three’s notification in accordance with Section 105(B) of the Act of a temporary reduction in the availability of its network.

Section 105A(1) of the Act requires communications providers (CPs) to take technical and organisational measures appropriately to manage risks to the security of public electronic communications networks and services. These must include measures to prevent or minimise the impact of security incidents on end-users (section  105A(2)) and on interconnection (section 105A(3)).

GC3.1 requires every CP to take all necessary measures to maintain, to the greatest extent possible, the proper and effective functioning of its network at all times, the fullest availability of its network and services in the event of catastrophic breakdown or in cases of force majeure, and uninterrupted access to emergency organisations for their end-users.

Ofcom’s investigation will examine whether there are reasonable grounds for believing that Three has failed to comply with its obligations under Section 105A(1) – (3) of the Act and GC3.1.

Case  Leader: Tor Ahjem (tor.ahjem@ofcom.org.uk)
Case  Reference: CW /01190/11/16