BT complaint about an alleged breach of General Condition 18 by Spacetel

30 April 2007

Complainant: BT
Complaint against: Spacetel UK Ltd ("Spacetel")
Case opened: 15 September 2005
Case closed: 13 January 2006
Issue: Number Portability
Relevant instrument: General Condition 18 of the General Conditions of Entitlement

Update note – 30 April 2007

A non-confidential version of the further notification issued to Spacetel on 19 April 2007 has now been prepared and is available at the link below.

End of update note

Update note – 24 April 2007

As set out below on 13 January 2006, Ofcom issued a notification to Spacetel under Section 94 of the Communications Act 2003 (the “First Notification”) which required Spacetel to comply with General Condition 18 by providing number portability and portability to BT with respect to specific non-geographic numbers (the “Numbers”) as soon as reasonably practicable after 14 February 2006. The First Notification was subsequently amended on 23 February 2006.

On 19 April 2007, Ofcom issued a further notification to the First Notification (as amended) requiring Spacetel to implement a compliant technical solution capable of meeting its General Condition 18 obligations by providing number portability and portability to BT with respect to the Numbers by 19 December 2007. Ofcom considers this timeframe provides Spacetel with a reasonable period of time to install an upgraded switch, provision the circuits, undertake the testing and switch setup as well as conduct the necessary pre-requisites prior to service establishment.

Spacetel must provide number portability and portability to BT with respect to the Numbers by 19 December 2007 using the revised method it has selected or by another method if that method, for whatever reason, proves unsuccessful.

A non-confidential version of the further notification is currently being prepared and will be published shortly.

End of update note

Update note – 27 February 2006

Following an application by Spacetel, Ofcom has amended the notification issued to Spacetel on 13 January 2006, to grant a 14-day extension to the deadline for Spacetel to provide representations (until 28 February 2006). Ofcom has also extended the deadline for compliance by 14 days (until "as soon as reasonably practicable after 28 February 2006").

A non-confidential version of the amended notification is available at the link below.

End of update note

Update Note - 31 January 2006

Ofcom closed this case on 13 January 2006 by issuing a notification under Section 94 of the Communications Act 2003 of contravention of General Condition 18. A non-confidential version of the notification has been prepared and is available at the end of the page below.

End of update note

Ofcom has concluded that Spacetel has contravened and is contravening General Condition 18.1 and General Condition 18.2.

Ofcom therefore issued a notification to Spacetel on 13 January 2006 under section 94 of the Communications Act 2003, setting out the contravention and requiring Spacetel to comply with General Conditions 18.1 and 18.2 as soon as is reasonably practicable after 14 February 2006. Ofcom will monitor Spacetel's compliance with the requirements of the notification.

Representations concerning this notification

Spacetel has until 14 February 2006 to make representations to Ofcom about the matters set out in the notification.

A non-confidential version of the notification is currently being prepared and will be published in due course.

Text published when the case was opened

Complainant: BT
Complaint against: Spacetel UK Ltd ("Spacetel")
Case opened: 15 September 2005
Issue: Number Portability
Relevant instrument: General Condition 18 of the General Conditions of Entitlement

All Communications Providers are required by General Condition 18 to provide number portability as soon as it is reasonably practicable and on reasonable terms to any of their subscribers who so request. Communications Providers must, following a request from another Communications Provider, provide portability as soon as is reasonably practicable in relation to that request, on reasonable terms and in accordance with the Number Portability Functional Specification.

BT has received a request from a customer who wants to import non-geographic numbers from Spacetel to BT.

BT has complained to Ofcom that Spacetel has failed to comply with its obligation under General Condition 18 to complete the arrangements for non-geographic number portability between Spacetel and BT, or to commit to firm timescales for doing so.

Ofcom is considering BT's complaint.

Case Leader: Marvin Luttrell ( e-mail:marvin.luttrell@ofcom.org.uk)
Case Reference: CW/00861/08/05