ICSTIS complaint regarding failure of Telecom One to comply with Directions

19 September 2005

Complainant: The Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS")
Complaint against: Telecom One Ltd ("Telecom One")
Case opened: 17 May 2005
Case closed: 16 September 2005
Issue: ICSTIS, the premium rate services regulator, alleged that Telecom One Limited ("Telecom One") had failed to comply with Directions made by ICSTIS under its Code of Practice and that, as such, Telecom One was 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

Ofcom conducted an investigation following a complaint by ICSTIS that Telecom One had failed to comply with Directions made by ICSTIS. ICSTIS had issued these directions in order to establish, among other things, whether premium rate services were being operated on the Telecom One network in contravention of the ICSTIS Code of Practice for the content, promotion and overall operation of premium rate services in the UK.

Ofcom's investigation has found that Telecom One did provide late responses to the Directions that had been issued by ICSTIS. However, all of these Directions have now been complied with, and the premium rate services that were being operated on Telecom One's network have been ceased. In addition, Ofcom's found no evidence of any material consumer detriment as a result of the delay by Telecom One in responding to the ICSTIS Directions. For these reasons, Ofcom has closed its investigation.

In closing this case, Ofcom has reminded Telecom One of its duty to act in accordance with Directions issued by ICSTIS under its Code of Practice.

Case Leader: Ian Vaughan (e-mail: Ian.Vaughan@ofcom.org.uk)
Case Reference: CW/00833/04/05

Text published when the case was opened

ICSTIS complaint regarding failure of Telecom One to comply with Directions

Complainant: The Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS")
Complaint against: Telecom One Ltd ("Telecom One")
Case opened: 17 May 2005
Issue: ICSTIS, the premium rate services regulator, has alleged that Telecom One Limited ("Telecom One") has failed to comply with Directions made by ICSTIS under its Code of Practice and that, as such, Telecom One 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").

ICSTIS issued Directions to Telecom One in respect of four service providers on 11 January 2005 , 3 February 2005 , 9 February 2005 and 14 February 2005 . Directions in respect of three service providers were invoked under ICSTIS's emergency procedure. ICSTIS alleges that Telecom One provided inadequate, incomplete or late responses to its Directions. ICSTIS submitted correspondence between it and Telecom One 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.

Case Leader: Ian Vaughan (e-mail: Ian.Vaughan@ofcom.org.uk)
Case Reference: CW/00833/04/05