Complainant: Ofcom own-initiative investigation
Investigation against: TalkTalk Group plc (TalkTalk)
Case opened: 21 March 2011
Investigation closed: 19 April 2011
Case closed: 28 June 2011
Issue: Access to Emergency Call Numbers and the provision of Caller Location Information
Relevant Instrument: General Condition 4 (emergency calls) of the General Conditions of Entitlement.
Since issuing the Notification to TalkTalk on 19 April, Ofcom has been closely monitoring the actions TalkTalk has taken to comply with the requirements of the Notification. TalkTalk has advised Ofcom that its customer databases indicate the geographic location of the customer; that it has dealt with the discrepancies highlighted in Ofcom's Notification; and put in place new systems to ensure it complies with GC4.
Having carefully considered TalkTalks submissions, Ofcom considers that further enforcement action is not required and on that basis is closing this case. TalkTalks compliance with GC4 will continue to be monitored as part of Ofcoms industry-wide enforcement programme into GC4 (see related item).
Update note 20 May 2011
Ofcom has today published the non-confidential version of the Notification issued to TalkTalk on 19 April 2011 under sections 94 and 98 of the Communications Act 2003. This document can be found at the relevant link at the bottom of this entry.
We received representations from TalkTalk in relation to the Notification on the due date. We are considering those representations and discussing with TalkTalk the steps that it has taken to comply with the Notification.
End of update note
On 19 April 2011 Ofcom issued a Notification to TalkTalk under sections 94 and 98 of the Communications Act 2003. The Notification sets out that there are reasonable grounds to believe that TalkTalk has failed to make Caller Location Information for all 999 calls available to the Emergency Organisations handling those calls.
The Notification therefore requires TalkTalk to take the following actions by 10 May 2011:
a) to complete the audit that it is currently undertaking (including the appropriate implementation of any findings and recommendations that arise from that process) to ensure that TalkTalks Caller Location Information reflects the correct location at which TalkTalks services are being provided to its customers; and
b) to ensure that its future arrangements in relation to Caller Location Information (for new and existing customers) enable TalkTalk to comply with its obligations under GC 4.2.
TalkTalk may make any relevant representations to Ofcom about the matters contained in the notification and explanatory statement by 10 May 2011.
Ofcom has reasonable grounds to believe that this is an urgent case and it is therefore appropriate to require these actions to be completed sooner than the normal deadline (which would be one month after a Notification is issued).
Ofcom will monitor TalkTalks compliance with this Notification. If TalkTalk fail to take all reasonable steps to comply with the Notification by 10 May 2011 Ofcom will consider whether further enforcement action, including a penalty, is required.
A non-confidential version of the Notification is currently being prepared and will be published shortly.
Text published when case was opened
Under GC4 TalkTalk Group is required to ensure that its customers can access Emergency Organisations by using emergency call numbers. TalkTalk is also required, to the extent technically feasible, to make Caller Location Information for all 999 and 112 calls available to the Emergency Organisations handling those calls.
Ofcom considers the provision of Caller Location Information by Communications Providers to Emergency Organisations to be of vital importance. Ofcoms investigation will examine whether TalkTalk Group is compliant with the requirements of GC4.
Case Leader: Paul Dean (email: email@example.com)
Case Reference: CW/01068/03/11