Own-initiative investigation into KCOM Group concerning its compliance with Section 105A(1) – (3) of the Communications Act 2003 and General Condition 3.1

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Complainant: Ofcom own-initiative investigation
Investigation against: KCOM
Case Opened: 11 February 2016
Issue: Whether KCOM has complied with its obligations under Section 105A(1) – (3) of the Communications Act 2003 and General Condition 3.1 in relation to network security and access to emergency services.
Relevant Instrument: Sections 105A of the Communications Act 2003 and General Condition 3 of the General Conditions of Entitlement

Ofcom has opened an investigation into KCOM’s compliance with section 105A(1) – (3) of the Communications Act 2003 and General Condition 3.1 (GC3.1). This investigation follows KCOM’s notification of a temporary reduction in the availability of its network under Section 105(B) of the Communications Act 2003.

Section 105A(1) requires communications providers (CPs) to take technical and organisational measures to manage risks to the security of public electronic communications networks and services. These must include measures to prevent or minimise the impact of security incidents on end-users (section 105A(2)) and on interconnection (section 105A(3)).

GC3.1 requires CPs to take all necessary measures to maintain, to the greatest extent possible, the proper and effective functioning of its network at all times, the fullest availability of its network and services in cases of force majeure, and uninterrupted access to emergency organisations for their end-users.

Ofcom’s investigation will examine whether there are reasonable grounds for believing that KCOM has failed to comply with its obligations under Section 105A(1) – (3) and GC3.1 .

Case Leader: Kathryn Searle
Case Reference: CW/01176/02/16