Dispute between BT and various communications providers about INCA/CLI

23 June 2006

Dispute between: BT and 1RT Group Limited, Flextel Limited, Networks Direct plc and Skytel Limited
Case opened: 27 February 2006
Case closed: 22 June 2006
Issue: BT and the abovementioned operators are in dispute over BT's Operator Charge Change Notice (‘OCCN') of 5 October 2005, in which BT sought to introduce charges for Number Translation Services (‘NTS') call settlements based on the Inter-Network Call Accounting billing system using Callling Line Identification (‘INCA/CLI').
Relevant instrument: Ofcom resolved this dispute under Chapter 3 of Part 2 of the Communications Act 2003.

On 22 June 2006 Ofcom issued a Determination under Sections 188 and 190 of the Communications Act 2003 resolving this dispute.

Please see link at bottom of page

Case Leader: Ruth Gibson (020 7783 4340 e-mail: Ruth.Gibson@ofcom.org.uk )
Case reference: CW/00892/02/06

Text published when the case was opened

Dispute between BT and various communications providers about INCA/CLI

Dispute between: BT and 1RT Group Limited, Colloquium Limited, Flextel Limited, Networks Direct plc and Skytel Limited
Case opened: 27 February 2006
Issue: BT and the abovementioned operators are in dispute over BT's Operator Charge Change Notice (‘OCCN') of 5 October 2005, in which BT sought to introduce charges for Number Translation Services (‘NTS') call settlements based on the Inter-Network Call Accounting billing system using Callling Line Identification (‘INCA/CLI').
Relevant instrument: Ofcom intends to resolve the dispute under Chapter 3 of Part 2 of the Communications Act 2003.

 

Update note – 25 May 2006

Ofcom published its proposals to resolve this dispute on 25 May 2006. Please see the related item.

Ofcom will be consulting on its proposals until 5pm on 9 June 2006. Please send responses to:

Ruth Gibson
Competition Group
Ofcom
Riverside House
2a Southwark Bridge Road
London
SE1 9HA

or by email to ruth.gibson@ofcom.org.uk

End of update note

Update note - 4 April 2006

Following confirmation from BT that the two communications providers who wished to remain anonymous have now accepted the OCCN of 5 October 2005, they are no longer in dispute and have been removed from the list of parties above.

End of update note

On 28 October 2004 Ofcom published an explanatory memorandum and final direction relating to the method used by BT to calculate its wholesale conveyance charges for NTS calls which originate on or transit the BT network for termination on NTS numbers of other Communications Providers. This final direction followed a draft direction on the same matter.

This Direction required that, by at the latest 28 February 2006, BT's pence per minute charge for NTS calls orignated by BT or which transit BT's network shall be calculated using INCA/CLI.

On 5 October 2005 BT issued an OCCN to operators which contained details of Communications Providers' call termination charges as a result of the required changes to the calculation of BT's pence per minute NTS call origination and NTS transit charges.

Certain Communications Providers have either explictly rejected BT's OCCN (on the basis that they do not accept that it is fair and reasonable to use the INCA/CLI methodology) or failed to respond to the OCCN, and are therefore in dispute with BT on this matter.

Scope of the dispute:
The scope of the dispute is to determine as follows:

a. Whether it is fair and reasonable for BT to set its charges for NTS calls originated by BT or which transit BT's network using INCA/CLI.

If Ofcom determines that it is fair and reasonable for BT to set its charges for NTS calls originated by BT or which transit BT's network using INCA/CLI, Ofcom will decide what action is necessary. This may include requiring the Communications Providers that are in dispute with BT on this matter to sign BT's OCCN of 5 October 2005.

Procedural matters:
Guidance on the resolution of the dispute can be found in Ofcom's Guidelines for the handling of competition complaints, and complaints and disputes about breaches of conditions imposed under the EU Directives. Please see related items.

All representations on the scope of the dispute should be submitted to Ofcom by 8 March 2006.

Stakeholders interested in the outcome of this dispute should notify Ofcom by 8 March 2006, describing the relevance of the outcome of the dispute to their business. Stakeholders with relevant information and evidence in respect of this dispute should submit this to Ofcom by 22 March 2006. Stakeholders who wish Ofcom to join them as parties to the dispute must provide evidence, as set out in Ofcom's Guidelines, that they are in dispute with BT.

Case Leader: Ruth Gibson (020 7783 4340 e-mail: Ruth.Gibson@ofcom.org.uk )
Case reference: CW/00892/02/06