Enforcement programme into compliance with obligations relating to emergency call access and resilience
Ar gau
Gwybodaeth am y rhaglen | Communications Providers and Network Operators who provide Public Electronic Communications Service enabling origination of calls to numbers in the National Telephone Numbering Plan (‘CPs’) |
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Achos wedi’i agor | 8 September 2008 |
Case closed | 8 March 2019 |
Crynodeb |
This programme focussed on ensuring compliance with obligations relating to emergency call access and resilience |
Darpariaeth(au) cyfreithiol perthnasol |
General Conditions 3, 4 and 15.8 and Section 105A-D of the Communications Act 2003 |
It is critical telecoms companies ensure there is guaranteed access to the emergency services and provide those services with accurate caller location information to minimise the risk of serious harm to the public and unnecessary loss of life.
Through our emergency call access and resilience programme we have successfully tackled a wide range of issues including:
- inadvertent billing of customers for emergency calls;
- inaccurate or incomplete location information;
- failure of networks to maintain access to the emergency services; and
- inability to contact the emergency services due to handset issues.
We have:
- ensured that providers take steps to correct errors in their billing systems and refund customers for any overcharging;
- achieved positive outcomes in helping to ensure that providers take all necessary steps to ensure that any discrepancies in location information are kept to an absolute minimum; and
- secured significant, and continued, reductions in the number of these discrepancies to ensure the emergency services get accurate caller location information.
In light of these successes and generally high levels of compliance, we have decided that it is no longer necessary to undertake this enhanced level of monitoring. As a result, we are closing this enforcement programme.
Nevertheless, emergency calls access and resilience responsibilities are among the most important regulatory obligations on telecoms companies. We therefore remain committed to ensuring there is free, uninterrupted access to the emergency services and that companies continue to comply with their obligations to provide the emergency services with accurate caller location information.
We will monitor compliance and maintain an oversight of the number of caller location information discrepancies by continuing to request information from the emergency services’ call handling agent. We also encourage telecoms providers to bring any emergency calls related issues to our attention by emailing consumeradvocacy@ofcom.org.uk.
We will not hesitate to consider formal enforcement action where we identify any suspected non-compliance.
We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.
Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.
We will publish further updates on our work under this enforcement programme in due course.
We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.
We have revised the scope of this investigation to include the Roaming Regulation and the related CIR in addition to the EU Open Internet Access Regulation. For more information and future updates on this investigation please see: https://www.ofcom.org.uk/about-ofcom/latest/bulletins/competition-bulletins/open-cases/cw_01218
Following an assessment of evidence gathered under this enforcement programme, Ofcom has decided to open investigations into Hutchison 3G UK Limited (Three) and Vodafone Limited (Vodafone) to assess their compliance with the EU Open Internet Access Regulation 2015 .
The investigations will examine the following:
Three’s practices of:
- Restricting tethering – the practice of using one device to connect another one to the internet - on certain plans offered by Three;
- Imposing restrictions on the devices in which a SIM can be used – e.g. where a SIM purchased for a mobile phone cannot be used in a tablet; and
- Traffic management practices such as ‘throttling’ or intentionally slowing down particular categories of traffic (e.g. video traffic, Peer-to-Peer and Virtual Private Network traffic), including where traffic management is applied when customers are roaming.
In relation to Vodafone:
- Traffic management practices relating to ‘Vodafone Passes’ – e.g. throttling particular categories of traffic – including where traffic management is applied when customers are roaming; and
- The transparency of exceptions to zero rating within the ‘Vodafone Passes’ products, which mean that certain functions within certain zero-rated applications will use customers’ general data allowance and not be zero-rated.
We are continuing to review the information gathered from other fixed and mobile internet service providers under this programme. We expect to publish a further update on both investigations and any other relevant work under this programme in June 2018.
The ‘open internet’ is the principle of ensuring that web users control what they see and do online – not the broadband provider that connects them to the internet. It’s about people being free to access all lawful internet content equally, without broadband providers discriminating against particular services or websites.
Under EU regulations, which came into effect on 30 April 2016, broadband providers must treat all internet traffic on their networks equally, and must not give preferential treatment to any particular sites or services.
Providers may, however, use certain reasonable measures to manage their internet traffic, to ensure their networks run efficiently. But they must be clear and transparent about their traffic management policy and practices. These traffic management measures must be based on technical quality of services reasons, and cannot be used for longer than necessary.
The EU Open Internet Access Regulation 2015 requires Ofcom to monitor and ensure UK providers comply with these rules. Ofcom is opening the programme in fulfilment of that obligation. Whilst we have been informally monitoring ISP traffic management practices since even before the Regulation became effective, the programme will focus on gathering further information to assess whether any ISP traffic management practices raise specific concerns under the EU Open Internet Access Regulation 2015. We may also consider any compliance concerns in relation to other practices covered by the Regulation under this programme.
Should we identify specific issues, we may initiate separate investigations of named providers and take enforcement action against them if appropriate. Where we do so, these will be announced via our Competition and Consumer Enforcement Bulletin.
We aim to publish a further update on this programme by June 2018.
Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.
We will publish further updates on our work under this enforcement programme in due course.
We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.
Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.
We will publish further updates on our work under this enforcement programme in due course.
We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.
We have revised the scope of this investigation to include the Roaming Regulation and the related CIR in addition to the EU Open Internet Access Regulation. For more information and future updates on this investigation please see: https://www.ofcom.org.uk/about-ofcom/latest/bulletins/competition-bulletins/open-cases/cw_01218
Following an assessment of evidence gathered under this enforcement programme, Ofcom has decided to open investigations into Hutchison 3G UK Limited (Three) and Vodafone Limited (Vodafone) to assess their compliance with the EU Open Internet Access Regulation 2015 .
The investigations will examine the following:
Three’s practices of:
- Restricting tethering – the practice of using one device to connect another one to the internet - on certain plans offered by Three;
- Imposing restrictions on the devices in which a SIM can be used – e.g. where a SIM purchased for a mobile phone cannot be used in a tablet; and
- Traffic management practices such as ‘throttling’ or intentionally slowing down particular categories of traffic (e.g. video traffic, Peer-to-Peer and Virtual Private Network traffic), including where traffic management is applied when customers are roaming.
In relation to Vodafone:
- Traffic management practices relating to ‘Vodafone Passes’ – e.g. throttling particular categories of traffic – including where traffic management is applied when customers are roaming; and
- The transparency of exceptions to zero rating within the ‘Vodafone Passes’ products, which mean that certain functions within certain zero-rated applications will use customers’ general data allowance and not be zero-rated.
We are continuing to review the information gathered from other fixed and mobile internet service providers under this programme. We expect to publish a further update on both investigations and any other relevant work under this programme in June 2018.
The ‘open internet’ is the principle of ensuring that web users control what they see and do online – not the broadband provider that connects them to the internet. It’s about people being free to access all lawful internet content equally, without broadband providers discriminating against particular services or websites.
Under EU regulations, which came into effect on 30 April 2016, broadband providers must treat all internet traffic on their networks equally, and must not give preferential treatment to any particular sites or services.
Providers may, however, use certain reasonable measures to manage their internet traffic, to ensure their networks run efficiently. But they must be clear and transparent about their traffic management policy and practices. These traffic management measures must be based on technical quality of services reasons, and cannot be used for longer than necessary.
The EU Open Internet Access Regulation 2015 requires Ofcom to monitor and ensure UK providers comply with these rules. Ofcom is opening the programme in fulfilment of that obligation. Whilst we have been informally monitoring ISP traffic management practices since even before the Regulation became effective, the programme will focus on gathering further information to assess whether any ISP traffic management practices raise specific concerns under the EU Open Internet Access Regulation 2015. We may also consider any compliance concerns in relation to other practices covered by the Regulation under this programme.
Should we identify specific issues, we may initiate separate investigations of named providers and take enforcement action against them if appropriate. Where we do so, these will be announced via our Competition and Consumer Enforcement Bulletin.
We aim to publish a further update on this programme by June 2018.
Today, we are closing with no further action the investigations we opened on 6 March 2018 into Three and Vodafone. For more information on the Three case, please see the Three case page. For more information on the Vodafone case, please see the Vodafone case page.
We will publish further updates on our work under this enforcement programme in due course.
We continue to gather information and to engage with ISPs to assess their compliance with the EU Open Internet Access Regulation 2015. If we decide it is appropriate to take formal enforcement action, it will be announced via our Competition and Consumer Enforcement Bulletin. We will publish further updates on our work under this enforcement programme in due course.
We have revised the scope of this investigation to include the Roaming Regulation and the related CIR in addition to the EU Open Internet Access Regulation. For more information and future updates on this investigation please see: https://www.ofcom.org.uk/about-ofcom/latest/bulletins/competition-bulletins/open-cases/cw_01218
Following an assessment of evidence gathered under this enforcement programme, Ofcom has decided to open investigations into Hutchison 3G UK Limited (Three) and Vodafone Limited (Vodafone) to assess their compliance with the EU Open Internet Access Regulation 2015 .
The investigations will examine the following:
Three’s practices of:
- Restricting tethering – the practice of using one device to connect another one to the internet - on certain plans offered by Three;
- Imposing restrictions on the devices in which a SIM can be used – e.g. where a SIM purchased for a mobile phone cannot be used in a tablet; and
- Traffic management practices such as ‘throttling’ or intentionally slowing down particular categories of traffic (e.g. video traffic, Peer-to-Peer and Virtual Private Network traffic), including where traffic management is applied when customers are roaming.
In relation to Vodafone:
- Traffic management practices relating to ‘Vodafone Passes’ – e.g. throttling particular categories of traffic – including where traffic management is applied when customers are roaming; and
- The transparency of exceptions to zero rating within the ‘Vodafone Passes’ products, which mean that certain functions within certain zero-rated applications will use customers’ general data allowance and not be zero-rated.
We are continuing to review the information gathered from other fixed and mobile internet service providers under this programme. We expect to publish a further update on both investigations and any other relevant work under this programme in June 2018.
The ‘open internet’ is the principle of ensuring that web users control what they see and do online – not the broadband provider that connects them to the internet. It’s about people being free to access all lawful internet content equally, without broadband providers discriminating against particular services or websites.
Under EU regulations, which came into effect on 30 April 2016, broadband providers must treat all internet traffic on their networks equally, and must not give preferential treatment to any particular sites or services.
Providers may, however, use certain reasonable measures to manage their internet traffic, to ensure their networks run efficiently. But they must be clear and transparent about their traffic management policy and practices. These traffic management measures must be based on technical quality of services reasons, and cannot be used for longer than necessary.
The EU Open Internet Access Regulation 2015 requires Ofcom to monitor and ensure UK providers comply with these rules. Ofcom is opening the programme in fulfilment of that obligation. Whilst we have been informally monitoring ISP traffic management practices since even before the Regulation became effective, the programme will focus on gathering further information to assess whether any ISP traffic management practices raise specific concerns under the EU Open Internet Access Regulation 2015. We may also consider any compliance concerns in relation to other practices covered by the Regulation under this programme.
Should we identify specific issues, we may initiate separate investigations of named providers and take enforcement action against them if appropriate. Where we do so, these will be announced via our Competition and Consumer Enforcement Bulletin.
We aim to publish a further update on this programme by June 2018.
Cyswllt | Y tîm gorfodi (enforcement@ofcom.org.uk) |
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Cyfeirnod yr achos | CW/00996/08/08 |