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ICSTIS complaint regarding failure of Talkline Communications Ltd to comply with ICSTIS Directions

04 Tachwedd 2005

Complainant: The Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS")
Complaint against: Talkline Communications Ltd ("Talkline")
Case opened: 5 July 2005
Case closed: 3 November 2005
Issue: ICSTIS, the premium rate services regulator, has alleged that Talkline has failed to comply with Directions made by ICSTIS under its Code of Practice and that, as such, Talkline is in breach of the condition made by Ofcom under section 120 of the Communications Act 2003 (“the Act”) for the purpose of regulating the provision, content, promotion and marketing of premium rate services (“the PRS Condition”).
Relevant instrument: Section 120 of the Communications Act 2003

Update note - 9 November 2005

A non-confidential version of the notification has been prepared and is available from the link below.

End of update note

Ofcom opened an investigation on 5 July 2005 into a complaint from ICSTIS that Talkline had failed to comply with a series of directions given to it by ICSTIS on 25 May 2005 and 14 June 2005 under the ICSTIS Code of Practice, contrary to the requirements of the PRS Condition.

Ofcom has concluded that there are reasonable grounds for believing that Talkline is in contravention of the PRS Condition by failing to comply with the directions given to it by ICSTIS. Ofcom has therefore issued a notification to Talkline under section 94 of the Act, setting out the contravention and requiring Talkline to comply with the PRS Condition by 16 December 2005.

Talkline has until 16 December 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: Martin Hill (e-mail: martin.hill@ofcom.org.uk)
Case Reference: CW/00846/06/05

Text published when the case was opened

ICSTIS complaint regarding failure of Talkline Communications Ltd to comply with ICSTIS Directions

Complainant: The Independent Committee for the Supervision of Standards of Telephone Information Services ("ICSTIS")
Complaint against: Talkline Communications Ltd (“Talkline”)
Case opened: 5 July 2005
Issue: ICSTIS, the premium rate services regulator, has alleged that Talkline has failed to comply with Directions made by ICSTIS under its Code of Practice and that, as such, Talkline is in breach of the condition made by Ofcom under section 120 of the Communications Act 2003 (“the Act”) for the purpose of regulating the provision, content, promotion and marketing of premium rate services (“the PRS Condition”).
Relevant instrument: Section 120 of the Communications Act 2003

Under the PRS Condition made by Ofcom under Section 120 of the Communications Act 2003, Ofcom requires that Communication Providers comply with Directions given by ICSTIS. ICSTIS is responsible for regulating the content, promotion and overall operation of premium rate services in the UK. ICSTIS does this through its Code of Practice (“the ICSTIS Code”).

On 25 May 2005 and on 14 June ICSTIS issued a series of Directions to Talkline in connection with a prize line service being run on premium rate numbers allocated to Talkline. These Directions included a requirement to terminate access to the prize line service and withhold revenue generated by it and a requirement to provide call statistics and revenue details for the service over the period that it had been in operation.

ICSTIS alleges that Talkline either failed to comply with the Directions, or was late in complying with them. ICSTIS submitted copies of correspondence between it and Talkline as supporting evidence.

Given the supporting evidence submitted by ICSTIS in respect of its complaint, Ofcom considers it is appropriate for it to investigate these matters further.

Case Leader: Martin Hill (e-mail: martin.hill@ofcom.org.uk
Case Reference: CW/00846/06/05