Enforcement programme into compliance with annual geographic number charges

Ofcom is today closing our enforcement programme into compliance with requirements to pay Ofcom an annual charge for ‘specified geographic numbers’, and to ensure telephone numbers allocated to communications providers are adopted or otherwise used effectively and efficiently.

This programme has delivered positive results in supporting Ofcom to effectively administer the UK’s numbering system. While our research into compliance with GC 17.13 and 17.5 (now GC B1.12 and B1.18) indicates that there is continuing concern in this area, we consider these will be better addressed through targeted enforcement action. We will continue to carefully monitor this area and where necessary we will open investigations.

Ofcom has identified particular concern with the non-payment of annual number charges. So, we recently opened a new enforcement programme to consider compliance by certain providers with the General Condition to pay invoices for annual number charges. This General Condition is now GC B1.12, an identical condition to the previous GC 17.13 (which is no longer in effect).

Summary of this programme

We opened this programme in 2015 to monitor compliance with GC 17.13, which requires providers to pay invoices for annual number charges. In 2015 and 2016 respectively, Ofcom issued final contravention decisions to Danemere Street Collective and Broadcast Telecom for breach of GC 17.13.

In 2016, we expanded the scope of the programme to include consideration of GC 17.5, which requires CPs to secure that telephone numbers allocated to them are adopted or otherwise used effectively and efficiently. We issued final contravention decisions to Danemere Street Collective and Broadcast Telecom in respect of breaching GC 17.5 in 2015 and 2016 respectively. We then withdrew allocated number ranges from both Danemere Street Collective and Broadcast Telecom after they failed to comply with the requirements set out in the confirmation decision notifications.

On 1 April 2016, Ofcom issued a Notification under section 96A of the Act ("the Notification") to Broadcast Telecom Limited (“Broadcast Telecom”), stating that Ofcom had reasonable grounds for believing that Broadcast Telecom had contravened, and continued to contravene, GC 17.5 in that it has failed to Adopt or otherwise use telephone numbers efficiently and effectively.

The Notification set out the steps that Broadcast Telecom should take in order to comply with the requirements of GC 17.5 and to remedy the consequences of the contravention, to demonstrate that the relevant Telephone Numbers have been implemented in BT’s network and demonstrate to Ofcom that the relevant Telephone Numbers are being used efficiently and effectively.

Broadcast Telecom was given 14 days in which to make written representations to Ofcom about the matters set out in the Notification. Broadcast Telecom did not provide Ofcom with any written representations by the Deadline.

Broadcast Telecom continues to retain the Telephone Numbers which have been allocated to it by Ofcom. Ofcom is satisfied that Broadcast Telecom has ceased to secure, and is not securing, the adoption or otherwise efficient and effective use of those Telephone Numbers. On this basis, Ofcom is satisfied that Broadcast Telecom has contravened, and is continuing to contravene, GC 17.5.

Therefore, on 20 May 2016 Ofcom issued Broadcast Telecom with a Confirmation Decision under section 96C of the Act.

Ofcom has confirmed that Broadcast Telecom failed to confirm compliance and have now, therefore, withdrawn all of the numbers allocated to them.

The non-confidential version of the Confirmation Decision (PDF, 901.0 KB) is available.

Following our finding of Broadcast Telecom Limited’s (“Broadcast Telecom”) non-compliance with the requirements of GC17.13, we have also investigated its compliance with obligations under GC17.5. Ofcom has determined that there are reasonable grounds for believing that Broadcast Telecom has contravened GC 17.5 of the General Conditions. Ofcom has therefore issued a Notification to Broadcast Telecom under section 96A of the Communications Act 2003.

Specifically, Ofcom has reasonable grounds for believing that Broadcast Telecom has contravened, and continues to contravene, GC17.5 in that it has failed (and continues to fail) to secure that telephone numbers allocated to it are adopted or otherwise used effectively and efficiently.

Broadcast Telecom now has an opportunity to make representations to Ofcom on the matters contained in the Notification.

We have published a non-confidential version of the Confirmation Decision (PDF, 238.2 KB) issued to Broadcast Telecom on 4 March 2016.

On 3 February 2016, Ofcom issued a Notification under section 96A of the Act ("the Notification") to Broadcast Telecom Limited (“Broadcast Telecom”), stating that Ofcom had reasonable grounds for believing that Broadcast Telecom had contravened, and continued to contravene, GC 17.13 in that it had failed to pay Ofcom the applicable Annual Number Charge imposed on it for the 2013/14 and 2014/15 Charging Years, in accordance with that GC.

The Notification set out the steps that Broadcast Telecom should take in order to comply with the requirements of GC 17.13 and to remedy the consequences of the contravention, namely to pay Ofcom the outstanding geographic number charges.

Broadcast Telecom was given 14 days in which to make written representations to Ofcom about the matters set out in the Notification. Broadcast Telecom did not provide Ofcom with any written representations by the Deadline, nor has it paid Ofcom the outstanding geographic number charges.

Broadcast Telecom continues to retain the allocation of Specified Geographic Numbers for which the Annual Number Charge for the 2013/14 and 2014/15 Charging Years were imposed. Despite Ofcom’s repeated attempts to secure payment from Broadcast Telecom of this Annual Number Charge, and despite Ofcom issuing the Notification to Broadcast Telecom, it has failed to respond and/or make such payment. On this basis, Ofcom is satisfied that Broadcast Telecom has contravened, and is continuing to contravene, GC 17.13.

Therefore, on 4 March 2016 Ofcom issued Broadcast Telecom with a Confirmation Decision under section 96C of the Act.

Ofcom has confirmed the imposition of requirements on Broadcast Telecom in accordance with the Notification. This means that, in order to comply with the requirements of GC 17.13 and to remedy the consequences of the contravention, Broadcast Telecom must pay to Ofcom the outstanding geographic number charges forthwith, and in any event no later than by 18 March 2016.

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

Ofcom has determined that there are reasonable grounds for believing that Broadcast Telecom Limited (Broadcast Telecom), has contravened GC17.13 of the General Conditions. Ofcom has therefore issued a Notification to Broadcast Telecom under section 96A of the Communications Act 2003.

Specifically, Ofcom has reasonable grounds for believing that Broadcast Telecom has contravened, and continues to contravene, GC17.13 by failing to pay Ofcom the applicable annual number charge imposed on it for the 2013/14 and 2014/15 charging years, in accordance with GC17.13.

Broadcast Telecom now has an opportunity to make representations to Ofcom on the matters contained in the Notification.

Ofcom has decided to extend the scope of this enforcement programme to include compliance with GC 17.5.

This General Condition was also imposed pursuant to section 58 of the Communications Act 2003, and requires CPs (where they have been allocated telephone numbers by Ofcom) to secure that those numbers are adopted or otherwise used effectively and efficiently. Accordingly, if a CP has been included in our enforcement programme for non-payment of geographic number charges, we may also (where appropriate) seek to gather further information regarding use of those numbers to assist us in determining whether they have been adopted or otherwise used effectively and efficiently.

Ofcom has also decided to extend the scope of this enforcement programme to investigate CPs that Ofcom has reason to believe are liable to pay annual geographic number charges for 2014/15, but have failed to do so.

We have published a non-confidential version of the Confirmation Decision (PDF, 271.7 KB) issued to Danemere on 23 October 2015.

On 7 October 2015, Ofcom issued a Notification under section 96A of the Act ("the Notification") to Danemere, stating that Ofcom had reasonable grounds for believing that Danemere had contravened, and was continuing to contravene, GC 17.5 in that it had failed to secure that the Telephone Numbers which had been allocated to it had been adopted or were otherwise being used effectively and efficiently in accordance with that GC.

GC 17.5 requires that:

“Where Telephone Numbers have been Allocated to the Communications Provider, that provider shall secure that such Telephone Numbers are Adopted or otherwise used effectively and efficiently.”

The Notification set out the steps that Danemere should take in order to comply with the requirements of GC 17.5 and to remedy the consequences of the contravention, namely to demonstrate to Ofcom forthwith and, in any event, no later than 30 October 2015 that the numbers allocated to Danemere have been adopted and are being used effectively and efficiently. Danemere was given until 21 October 2015 in which to make written representations to Ofcom about the matters set out in the Notification.

Danemere did not provide Ofcom with any written representations by the deadline, nor does it appear that Danemere has taken the steps required.

Danemere continues to retain the Telephone Numbers which have been allocated to it by Ofcom. As set out in the Notification however, to the extent that Danemere may, at any stage, have adopted those Telephone Numbers, Ofcom is satisfied that Danemere has ceased to secure, and is not securing, the adoption or otherwise effective and efficient use of those Telephone Numbers. On that basis, Ofcom is satisfied that Danemere has contravened, and is continuing to contravene, GC 17.5.

Therefore, on 23 October 2015 Ofcom issued Danemere with a Confirmation Decision under section 96C of the Act. Ofcom has confirmed the imposition of requirements on Danemere in accordance with the Notification. This means that, in order to comply with the requirements of GC 17.5 and to remedy the consequences of the contravention, Danemere must demonstrate to Ofcom forthwith and, in any event, no later than 30 October 2015 that the numbers allocated to Danemere have been adopted and are being used effectively and efficiently.

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

Following our finding of Danemere Street Creative Limited’s (“Danemere”) non-compliance with the requirements of GC17.13, we have also investigated its compliance with obligations under GC17.5. Ofcom has determined that there are reasonable grounds for believing that Danemere, has contravened GC 17.5 of the General Conditions. Ofcom has therefore issued a Notification to Danemere under section 96A of the Communications Act 2003.

Specifically, Ofcom has reasonable grounds for believing that Danemere has contravened, and continues to contravene, GC17.5 in that it has failed (and continues to fail) to secure that telephone numbers allocated to it are adopted or otherwise used effectively and efficiently.

Danemere now has an opportunity to make representations to Ofcom on the matters contained in the Notification.

We have published a non-confidential version of the Confirmation Decision (PDF, 222.8 KB) issued to Danemere on 16 September 2015.

On 27 August 2015, Ofcom issued a Notification under section 96A of the Act ("the Notification") to Danemere Street Creative Limited (“Danemere”), stating that Ofcom had reasonable grounds for believing that Danemere had contravened, and continued to contravene, GC 17.13 in that it had failed to pay Ofcom the applicable Annual Number Charge imposed on it for the 2013/14 Charging Year, in accordance with that GC.

GC 17.13 requires that:

“The Communications Provider shall pay to Ofcom any applicable Annual Number Charge within 14 days of receipt of an invoice from Ofcom.”

The Notification set out the step that Danemere should take in order to comply with the requirements of GC 17.13 and to remedy the consequences of the contravention, namely to pay Ofcom the outstanding geographic number charges forthwith and, in any event, no later than 25 September 2015. Danemere was given 14 days in which to make written representations to Ofcom about the matters set out in the Notification.

Danemere did not provide Ofcom with any written representations by the Deadline, nor has it paid Ofcom the outstanding geographic number charges.

Danemere continues to retain the allocation of Specified Geographic Numbers for which the Annual Number Charge for the 2013/14 Charging Year was imposed. Despite Ofcom’s repeated attempts to secure payment from Danemere of this Annual Number Charge, and despite Ofcom issuing the Notification to Danemere, Danemere has failed to respond and/or make such payment. On this basis, Ofcom is satisfied that Danemere has contravened, and is continuing to contravene, GC 17.13.

Therefore, on 16 September 2015 Ofcom issued Danemere with a Confirmation Decision under section 96C of the Act.

Ofcom has confirmed the imposition of requirements on Danemere in accordance with the Notification. This means that, in order to comply with the requirements of GC 17.13 and to remedy the consequences of the contravention, Danemere must pay to Ofcom the outstanding geographic number charges forthwith, and in any event no later than by 25 September 2015.

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

Ofcom has determined that there are reasonable grounds for believing that Danemere Street Creative Limited (Danemere), has contravened GC17.13 of the General Conditions. Ofcom has therefore issued a Notification to Danemere under section 96A of the Communications Act 2003.

Specifically, Ofcom has reasonable grounds for believing that Danemere has contravened, and continues to contravene, GC17.13 by failing to pay Ofcom the applicable annual number charge imposed on it for the 2013/14 charging year, in accordance with GC17.13.

Danemere now has an opportunity to make representations to Ofcom on the matters contained in the Notification.

On 18 July 2012, Ofcom published a Statement entitled Promoting efficient use of geographic numbers in which we set out, among other things, our decision to put in place a pilot scheme to charge CPs for geographic numbers they have been allocated in 30 area codes.

To give effect to this pilot scheme, we imposed a general condition pursuant to section 58(1)(g) of the Communications Act 2003, which requires CPs to pay Ofcom an annual number charge, determined in accordance with GC 17.15, in respect of certain geographic numbers they have been allocated.

The pilot scheme commenced on 1 April 2013. The first charging year ended on 31 March 2014.

We have opened an enforcement programme to assess a small number of CPs’ compliance with GC17.13. As part of this programme, we may initiate separate investigations into the compliance of named CPs and, where relevant, take appropriate enforcement action. Where we do so, this will be announced via our Competition and Consumer Enforcement Bulletin.