Freedom of Information Internal Review Decision
Internal Reviewer: Mike Lewis, Senior Rights Negotiator
Reference: IR200600**** (RFI200600****)
Date: 7 September 2006
Original Request:
The requester Mr * ****** asked a series of questions about the BBC’s use of 0870 numbers.
Issues on Review:
Whether the BBC was correct in refusing to release a list of the underlying geographic telephone numbers associated with its 0870 services on the grounds that would result in commercial harm to both the BBC and Capita, who have the contract to provide the “BBC Information” contact centre services that use 0870 numbers. The information was withheld under s.43(2).
Decision:
I have read all of the correspondence on file and have been in contact with both the BBC’s Marketing, Communications and Audiences Division (MC&A), who are in charge of this area and Capita.
The BBC’s decision to withhold the underlying geographic numbers was made under section 43(2) of the Freedom of Information Act (commercial interests), for three reasons:
• that releasing the information would create an operational risk with the telephone switch being potentially compromised by lobby groups choosing to “attack” the switch by calling directly thus circumventing all the protection offered by C&W’s Call Plans, which permit Capita to balance the call volumes received across the switch depending on forecast call volumes per number or campaign. The BBC contends that in this way Capita are able to ensure that the maximum number of callers can get through across all live numbers
• that Capita rely on the ability to report on traffic across non-geographic numbers to manage Service Level Agreements (SLA’s) with the BBC
• that Capita’s Reserve Plans allow them to deal with unplanned surges of telephone calls by using pre-recorded messages and that this service would not be able to function for calls delivered directly to geographic numbers, again making it more difficult for them to manage SLA’s.
In summary the BBC contends that both it and Capita would suffer commercial harm if the numbers were released with Capita less able to deliver to the BBC and the BBC therefore receiving a lower quality service for the licence fee payer. From this follows the BBC view that there is no public interest in disclosing the underlying geographic numbers but there is a public interest in Capita managing call volumes efficiently on behalf of the BBC and therefore the exemption should be maintained.
My view is that the use of 0870 numbers is of significant benefit to licence fee payers as a whole and that the BBC and Capita would suffer commercial harm if the geographic numbers were released. I therefore believe the exemption under section 43(2) of the Act does apply in this case and I am upholding the original decision.
It is the case however that the Office of Communications (Ofcom) has recently announced its policy decision on this subject following a review and it has said that revenue sharing between telcos and companies using 0870 numbers should cease and that the price should come down from next year from the 8ppm maximum to 3ppm, which is equivalent to the national geographic rate. Hopefully this will prevent further complaints about the use of 0870 numbers
Mike Lewis