Investigation into BT's compliance with statutory requests for information

Ofcom has today opened an investigation into British Telecommunications PLC (“BT”). The investigation concerns BT’s compliance with requirements imposed under information request notices (the “Notices”), issued under section 137A of the Communications Act 2003 (the “Act”). The investigation relates to information provided by BT's entities, EE Limited (“EE”) and Plusnet Plc (“Plusnet”).  

On 7 December 2023, Ofcom issued EE and Plusnet with a formal notice under section 137A of the Act, requiring the provision of information to enable Ofcom to carry out its statutory functions to further the interests of consumers in communication matters and to inform Ofcom’s 2025 Comparing Customer Service Report. This notice requested a range of data concerning the experience of customers who have entered into an agreement or placed an order for Fixed Voice and/or Fixed Broadband services.

Investigation

Ofcom’s statutory information requests play a key part in Ofcom’s work and the information gathered from these requests informs how Ofcom carries out its statutory functions as a regulator. It is therefore essential that stakeholders provide accurate and complete information in a timely fashion. Where Ofcom has reasonable grounds for believing that a contravention of a requirement imposed under section 137A of the Act has occurred or is occurring, Ofcom may take enforcement action under section 138 of the Act.

The available evidence suggests the responses of some BT entities may not have complied with certain requirements imposed under section 137A, in that some of the information provided in response to the Notices may not have been complete and/or accurate. Ofcom’s investigation will examine whether there are reasonable grounds for believing BT has failed to comply with its statutory duties in relation to Ofcom’s information requests. 

We will gather further information and publish an update to our investigation in due course.