Investigation into Gateway’s compliance with statutory requests for information

27 October 2017

Complainant: Ofcom own-initiative investigation
Investigation against: GW Telecom Limited (“Gateway”)
Case opened: 14 June 2017
Case closed: 20 October 2017
Issue: Whether Gateway has contravened requirements to provide information in response to a statutory information request issued under section 135 of the Communications Act 2003.
Relevant Instrument: Sections 138 and 139A of the Communications Act 2003.

Update note: 17 November 2017

Ofcom has today published non-confidential versions of the two Confirmation Decisions issued to Gateway on 20 July 2017 and 20 October 2017. These can be found under related content.

End of update note

Update note: 27 October 2017

During our ongoing investigation mentioned below, we issued a second information request to Gateway under section 135 of the Communications Act 2003. As Gateway again failed to respond to this statutory request, we issued a second Confirmation Decision to Gateway on 20 October 2017.

Ofcom has imposed a £150 daily penalty for each further day from 20 October 2017 that Gateway fails to comply with the second statutory information request. The £150 daily penalty will be imposed until the sooner of the date Gateway comes into compliance with the second statutory information request and provides the requested information, or 22 November 2017.

In respect of the first Confirmation Decision issued on 20 July 2017, Ofcom imposed a fixed penalty of £1,100 together with a £100 daily penalty for each day that the contravention continued after 20 July 2017 for a maximum of 91 days. As Gateway failed to come into compliance with the first statutory information request, the daily penalty accrued until 20 October 2017 and amounted to £9,100. Therefore, Ofcom imposed a total financial penalty of £10,200 in respect of the first information breach.

A non-confidential version of both Confirmation Decisions will be made available as soon as possible.

End of update note

In the course of its investigation into Gateway’s compliance with General Condition 18, Ofcom issued an information request to Gateway under section 135 of the Communications Act 2003. Gateway has not responded to this statutory information request made by Ofcom.

On 20 July 2017, Ofcom gave a Confirmation Decision to Gateway that it had contravened its requirement to provide information as requested in a statutory information request.

A non-confidential version of the Confirmation Decision will be made available as soon as possible.

Case Leader: Sheryl Willson
Case Reference: CW/01201/07/17