I recieved the following a few minutes ago re a further consultation with a deadline of 22/12/05

Dear Stakeholder,



You have recently responded to Ofcom's NTS consultation (Number Translation Services: a way forward, published on 28 September 2005) so I am writing to you to let you know that on 21 November 2005, Ofcom published another Consultation (Conditions regulating Premium Rate Services) which proposes certain changes to Premium Rate Services regulation. Since the NTS Consultation also proposed changes to Premium Rate Services regulation I thought you might like to know about the new consultation and the reasons why Ofcom has decided to undertake an additional consultation.



Why we have issued the new consultation



As you will be aware, amongst other proposals set out in the NTS Consultation, Ofcom proposed that ‘0871’ numbers should be brought within the current regulatory framework for Premium Rate Services (‘PRS’) which would, in effect, mean that services using the ‘0871’ number range would have the same obligations as those using ‘09’ numbers.  This proposal aims to provide a greater level of consumer protection, meaning, among other things, that internet diallers on ‘0871’ would be subject to the prior permissions regime.



Diallers are a form of software that switch the modem setting of the computer that the dialler programme is running on from one particular internet connection to another.



Although the NTS consultation indicates Ofcom’s intention not to consult on the issue until next year at the earliest, there is growing evidence of consumer harm, arising from ‘rogue’ dialler services using ‘08’ numbers and, in particular, ‘087’ numbers in an attempt to evade the PRS regulatory regime. This has led Ofcom to conclude that more immediate action is required, and Ofcom is therefore consulting on the issue now.



The new proposals



The new consultation proposes modifications to Ofcom’s condition regulating the provision, content, promotion and marketing of Premium Rate Services (‘PRS’) (‘the PRS Condition’) under section 120 of the Communications Act 2003 (‘the Act’).





Ofcom is proposing to modify the PRS Condition in two ways.



First, Ofcom proposes to extend the definition of ‘Controlled PRS’ to include ‘internet dialler software’, irrespective of the call cost or number. Should these proposals be taken forward, this would bring diallers on ‘0871’ within the PRS regime.



Second, Ofcom has received representations from stakeholders to the effect that the exclusion of ‘Mobile Services’ from the CPRS definition means that Ofcom does not currently regulate PRS accessible via mobile telephones. Ofcom is therefore proposing an amendment to the CPRS definition to avoid any doubt that PRS accessible over mobile telephones are regulated under Ofcom's back-stop powers.



This consultation is available for viewing on Ofcom’s website at: http://www.ofcom.org.uk/consult/condocs/prsconditions/prs.pdf



Responding to the consultation



If you wish to respond on this particular issue, or on the Mobile Services issue, Ofcom would welcome your comments. Ofcom will also take into account any relevant comments made in response to the NTS consultation on the issue of dialler software being brought within the PRS regime in considering whether to take forward its proposals as set out in PRS Condition consultation.



The consultation is due to finish on 22 December 2005.



If you have any queries, please contact me (contact details below) or Gavin Daykin on 020 7981 3859



Regards



Clive Hillier

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Clive Hillier

Competition Policy Manager

+44 20 7783 4674

nts@ofcom.org.uk



Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

020 7981 3000

www.ofcom.org.uk



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