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Uniworld complaint against Media, Marketing & Promotions about refusal to provide Number Portability and Portability

06 Medi 2005

Uniworld complaint against Media, Marketing & Promotions about refusal to provide Number Portability and Portability

Complainant: Uniworld Communications Ltd (Uniworld)
Complaint against: Media, Marketing & Promotions (MMP)
Case opened: 27 April 2005
Case closed: 26 August 2005
Issue: Number Portability
Relevant instrument: General Condition 18 of the General Conditions of Entitlement, which governs Number Portability and Portability

Update Note - 6 September 2005

Ofcom closed this case on 26 August 2005 by issuing a notification under Section 94 of the Communications Act 2003 of contravention of General Condition 18. A non-confidential version of the notification has been prepared and is available at the end of the page below.

End of update note

Ofcom has concluded that there are reasonable grounds for believing that MMP is in contravention of General Conditions 18.1 and 18.2 by failing to provide Number Portability and Portability.

Ofcom therefore issued a notification to MMP on 26 August 2005 under section 94 of the Communications Act 2003, setting out the contravention and requiring MMP to comply with General Conditions 18.1 and 18.2 as soon as is reasonable practicable after 27 September 2005. Ofcom will monitor MMP's compliance with the requirements of the notification.

Representations concerning this notification

MMP has until 27 September 2005 to make representations to Ofcom about the matters set out in the notification.

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

Case Leader: Katherine Dinsdale ( e-mail:Katherine.Dinsdale@ofcom.org.uk
Case Reference: CW/00830/04/05

Text published when the case was opened

Uniworld complaint against Media, Marketing & Promotions about refusal to provide Number Portability and Portability

Complainant: Uniworld Communications Ltd (Uniworld)
Complaint against: Media, Marketing & Promotions (MMP)
Case opened: 27 April 2005
Issue: Number Portability
Relevant instrument: General Condition 18 of the General Conditions of Entitlement, which governs Number Portability and Portability

Ofcom has received a complaint from Uniworld about an alleged refusal by MMP to provide Portability in respect of 3 non-geographic numbers following a Subscriber request to retain their telephone numbers when switching from MMP to Uniworld.

It appears from the information available to Ofcom that Uniworld, following a request from the Subscriber, submitted a non-geographic number porting order to MMP in relation to the relevant non-geographic numbers on 4 January 2005. Following that request MMP wrote directly to the Subscriber of the numbers to confirm the termination of the contract for services relating to the use of those numbers. However, no agreement has been reached about the porting of the numbers to Uniworld.

Under General Condition 18 (GC18), the Number Portability Condition, a Communications Provider is (a) obliged to provide Number Portability as soon as it is reasonably practicable and on reasonable terms, including charges, to any of its Subscribers who so requests and (b) obliged to provide Portability (any facility which enables the Subscriber who requests Number Portability to continue to be provided with service on their ported telephone numbers) as soon as is reasonably practicable, on reasonable terms and in accordance with the Functional Specification, to any other Communications Provider who so requests.

The scope of Ofcom's investigation is to establish whether, in the circumstances provided for in GC18, MMP has an obligation to port the numbers, and whether it is in breach of GC18 by failing to do so.

Ofcom has therefore opened an investigation into MMPs compliance with GC18.

Case Leader: Katherine Dinsdale ( e-mail: Katherine.Dinsdale@ofcom.org.uk
Case Reference: CW/00830/04/05