Investigation into O2’s compliance with a statutory information request

Ofcom has today published a non-confidential version of the Confirmation Decision issued to O2 on 20 March 2019:

Confirmation Decision under regulation 22 of the Open Internet Access (EU Regulation) Regulations 2016 (PDF, 312.1 KB)

On 20 March 2019, we issued a Confirmation Decision to O2 under regulation 22 of the UK Regulations. This confirmed that O2 contravened the requirements of a statutory information request by failing to provide accurate and complete answers to our questions. Given the importance and reliance that we place on the information requested under our statutory powers, we consider that an incomplete and inaccurate response is a serious matter.

Accordingly, for the reasons set out in the Confirmation Decision, we have found O2 in breach of its obligations and imposed a penalty of £75,000 in respect of this contravention.

A non-confidential version of the Confirmation Decision will be made available as soon as possible.

We have decided that there are reasonable grounds for believing that O2 contravened the requirements imposed in the Request by failing to provide accurate and complete answers to Ofcom’s questions in its initial response, submitted on 13 February 2018. Accordingly, on 1 February 2019 we issued O2 with a notification under regulation 19 of the UK Regulations.

O2 now has an opportunity to make representations to us on our provisional decision, which we will take into account before we issue a final decision in accordance with regulation 22 of the UK Regulations.

Ofcom is responsible for ensuring that the internet traffic management practices of fixed and mobile internet service providers (“ISPs”) are compliant with the EU Open Internet Access and Roaming Regulations and the UK Open Internet Access Regulations. Ofcom gathers information and assesses whether any ISPs’ traffic management practices raise compliance issues and whether further action is required.

We issued O2 with an information request under the EU and UK Regulations in January 2018 (the “Request”) to help us assess its compliance. O2 provided an initial response to the Request on 13 February 2018, and subsequently provided further information in April 2018. Having assessed this information, we opened an investigation to examine whether there were reasonable grounds for believing that O2 had failed to comply with the obligations imposed in the Request, by not providing accurate and complete information in its initial response on 13 February 2018.