ICSTIS complaint regarding failure of Allied Telecommunications to comply with Directions

19 August 2005

Complainant: The Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS")
Complaint against: Allied Telecommunications Ltd ("Allied")
Case opened: 20 April 2005
Case closed: 15 August 2005
Issue: ICSTIS alleged that Allied had failed to comply with Directions made by ICSTIS under the ICSTIS Code of Practice
Relevant instrument: The PRS Condition, set pursuant to section 120 of the Communications Act 2003 ("the Act"), for the purpose of regulating the provision, content, promotion and marketing of premium rate services

Ofcom has concluded that there are reasonable grounds for believing that Allied is in contravention of the PRS Condition by failing to comply with two sets of Directions given to it by ICSTIS on 18 and 22 February 2005, contrary to the requirements of the PRS Condition.

Ofcom has therefore issued a notification to Allied under section 94 of the Act, setting out the contravention and requiring Allied to comply with the PRS Condition by 16 September 2005.

A non-confidential version of the notification can be found at the link below.

Case Leader: Martin Hill (e-mail: martin.hill@ofcom.org.uk)
Case Reference: CW/00827/04/05

Text published when the case was opened

ICSTIS complaint regarding failure of Allied Telecommunications to comply with Directions

Complainant: The Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS")
Complaint against: Allied Telecommunications Ltd ("Allied")
Case opened: 20 April 2005
Issue: ICSTIS has alleged that Allied has failed to comply with Directions made by ICSTIS under the ICSTIS Code of Practice and that, as such, Allied is in breach of the condition made by Ofcom under section 120 of the Communications Act 2003 ("the Act") for the purpose of regulating the provision, content, promotion and marketing of premium rate services ("the PRS Condition")
Relevant instrument: Section 120 of the Communications Act 2003

Under the PRS Condition made by Ofcom under Section 120 of the Communications Act 2003, Ofcom requires that Communication Providers comply with Directions given by ICSTIS. ICSTIS is responsible for regulating the content, promotion and overall operation of premium rate services in the UK. ICSTIS does this through its Code of Practice ("the ICSTIS Code").

On 18 February 2005, ICSTIS directed Allied to provide it with information in relation to 19 different service providers, including details of payments made to the service providers, their contact details and the checks that Allied carried out as to the services being operated. ICSTIS directed Allied to respond to 15 separate questions in respect of each service provider, making a total of 285 Directions.

ICSTIS alleges that Allied either completely failed to comply with, or provided inadequate or incomplete responses to, 172 of these Directions. ICSTIS has submitted correspondence between it and Allied as supporting evidence.

Given the substantive supporting evidence submitted by ICSTIS in respect of its complaint, Ofcom considers it is appropriate for it to investigate these matters further.

On 22 February, ICSTIS issued a further Direction to Allied, requiring it to provide a quarterly report on the actual level of payments that Allied was making to its service providers. ICSTIS alleges that Allied missed the deadline for the provision of this information by four days. Ofcom will consider what action, if any, to take in relation to this allegation after conducting its investigation.

Case Leader: Martin Hill (e-mail: martin.hill@ofcom.org.uk)
Case Reference: CW/00827/04/05