The scammers have spoken again. With NTL in the chair, there really is no hope for the consumer. The rip-off marches on and on!

http://www.ofcom.org.uk/telecoms/groups/nts_focus/notes/nts11jan07

Agenda item (1) - Introductions
Attendance:

Andrew Wileman
Ntl:Telewest (Chair)

Marcus Rudkin
Band-X

Rob Day
BT

Sean Hartley
BT

Justin Hornby
Cable & Wireless

Laurent Pariat
Cable & Wireless

Andrew Monk
Carphone Warehouse

Toby Higho
Easynet

Will Goodall
Flextel

David Happy (I'm sure he's very happy with Ofcom's light touch)
Flextel

Tom Cairns
Gamma

Simon Kelly
Gamma

Andy Martin
IV Response

Lesa Green
Kingston Communications

Geoff Brighton
Ofcom

Gareth Davies
Ofcom

Clive Hillier
Ofcom

Colin Scott
Thus

Michael Barford
Tiscali

Ann e McCardle
Verizon Business (Does this mean that the Americans are looking at how the UK "regulator" allows premium rate scamming for day-to-day calls? I hope not. ANyway the public here would not tolerate the rip-off that Ofcom perpetuates.)

Agenda Item (2): Review of minutes of previous meeting
No comments/concerns were raised. It was therefore agreed that the minutes could be published on the Ofcom website.

Agenda (3): Update/progress report on the current 'live' NTS related consultations/investigations: (Ofcom/All)
Sexual Entertainment Services consultation
Geoff Brighton advised that Ofcom intended to publish a Statement by the end of February 2007. Geoff added that six responses to the consultation had been received and had been posted on the Ofcom website in the usual way.

Review of Regulation of Premium Rate Services
Clive Hillier advised that the terms of reference for the PRS review had been published on the Ofcom website. The URL for the TOR had been communicated via the usual Ofcom channels, but Clive agreed to confirm it for members of the NTSFG. (Post meeting note: URL confirmed as: www.ofcom.org.uk/telecoms/ioi/nwbnd/prsindex/tor/

NCCN 500 investigation/NTS call termination market review
Gareth Davies apologised for the continued delay and added that Ofcom was intending to distribute a draft decision to the parties involved in the dispute by the end of February 2007. Colin Scott said that a number of CPs additional to the parties to the dispute would be interested in the outcome, and sought clarity around any confidentially obligations applying to the initial release of the draft decision. Gareth said that in initially publishing only to the parties to the dispute, Ofcom was simply respecting the confidence of those parties. He agreed to check whether the draft document could be shared with others at that stage.

Andrew Wileman asked what the duration between publication to the specific parties and public availability would be. Gareth said that this would typically be a few weeks – the specific parties would be given a reasonable time to comment on the draft decision before it was made public/published in its final form

The call termination market review remains on hold, pending the outcome of the NCCN 500 investigation.

ICSTIS progress re. Governance of 0871
Clive Hillier confirmed that the ICSTIS consultation document was due to be published in the spring of 2007, once ICSTIS had taken into account input to its pre-consultation activity.


General Condition 14 Enforcement Programme
Clive Hillier advised that the Ofcom investigation was continuing. The outcome/form of any conclusion will depend on Ofcom’s findings (it could for example be a statement, an enforcement notice etc…). Several attendees sought clarity around the scope of the investigation – in particular the question of whether Ofcom was considering just those CPs suspected of non-compliance, or if a general evaluation of all CPs was taking place. Clive explained that Ofcom had sought information from a selection of the larger fixed and all the mobile OCPs but not because any had been identified as potential offenders.

BT POLO Dispute ( 1 st October 2006 OCCNs)
Attendees were advised that BT’s dispute referral had been rejected by Ofcom. As such no formal regulatory dispute currently existed. BT had, however, submitted further information to Ofcom, which Ofcom was in the process of considering.

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Agenda Item (5) – Implementation of the 03 Range (Ofcom/All)
Attendees sought clarity around the timescale for implementation. Clive Hillier said that Ofcom intended to publish a statement during the first week of February (including a Statutory Consult ation on General Condition 17, which would have a duration of 1 month). Guidance and information on the number application process would be published around the same time. Clive added that CPs could begin to apply for 03 numbers as soon as the Statement was published.

Several attendees said that there were a number of specific issues that they believed the number application/allocation guidance should address. Clive said that any such requests should be fed through the chair and would be taken into consideration by Ofcom.

New Action Jan07_02: Any requirements for specific issues to be addressed in the 03 application/allocation guidance to be communicated to Ofcom through the chair.

Andy Martin said that he believed the February 2008 date for implementation of the 0870 reforms was now totally inappropriate given the delays to the implementation of the 03 range and the ongoing uncertainty around regulation of 0871. Andy said that the 18 month lead time for the implementation of the 0870 reforms – triggered by the publication of the Statement relating to the 03 range - had assumed that the 03 range would be operational by now. He added that consumers would suffer if the originally anticipated timetable was to prevail and asked for an extension beyond February 2008. A number of attendees agreed with Andy’s position. Andy asked if Ofcom would consider such a request. Gareth Davies suggested that Andy document his concerns and pass them to Ofcom for consideration.

Andy added that he believed any delay to the implementation of the 0870 reforms should be accompanied by a reduction in retail rates.

New Action Jan07_03: Andy Martin to document his concerns with the 0870 implementation timetable and send to Ofcom for consideration. Document also to be passed to the chair for distribution to NTSFG attendees.

New Action Jan07_04: Ofcom to consider the request for an extension to the 0870 implementation timetable.

Will Goodall asked if any attendees would object to a delay. Rob Day said that BT was working towards the February 2008 implementation deadline and did not support a delay. It was suggested that CPs consider Andy Martin ’s submission and indicate their support or otherwise to the chair.

New Action Jan07_05: Attendees to consider Andy Martin ’s request for an extension to the implementation timetable for the 0870 reforms and indicate their support or otherwise to the chair. Chair to then forward a summary to Ofcom.

Andy Martin expressed concern at the lack of attendance of the NTSFG by mobile CPs. Geoff Brighton suggested that the chair of the Mobile Broadband Group be contacted with a view to establishing representation from the mobile community.

New Action Jan07_06: Andrew Wileman to contact the chair of the Mobile Broadband Group with a view to seeking representation from the mobile community at the NTSFG.

Agenda item (6) - Amended Retail Uplift and PRS Bad Debt Surcharge Effective 1 st April 2007
Rob Day said that BT had identified an issue with ACCN 762 ( PRS Bad Debt Surcharge) and as such would be withdrawing it in the near future (Post meeting note: The ACCN was withdrawn on 18 th January 2007). Rob said that despite the fact that the ACCN was to be withdrawn, bad debt had increased. Colin Scott asked if a replacement ACCN incorporating a new bad debt figure would be issued. Rob said that he was not currently able to confirm this.

Agenda item (6) – Review of remaining outstanding actions
Action Aug06_09 : Porting differential issue to be added to the agenda of the first NTSFG meeting of 2007. Ongoing – Andrew Wileman said that the issue had not been added to the January agenda due to the breadth of topics already included and the potential linkage with the NCCN 500 investigation. The issue would remain on the outstanding actions list and would be included as an agenda item at a future date.

Action Aug06_10 : Andrew Wileman to confirm the position of the NTSFG in respect of SNEN discussions to the chair of the Telecom Advisory Group. Ongoing – Position to be confirmed. Attendees were informed that subsequent roll-out of the SNEN had been delayed.

Action Nov06_01 : Andrew Wileman to arrange a further 0870 charging workshop. Discharged – Further workshop took place on 11 th January.

Action Nov06_02 : BT to issue an updated proposal on 0870 charging. Discharged – Updated proposal was distributed on 5 th December 2006 .

Action Nov06_03 : Ofcom to confirm if the use of 0871 as a presentation number will be prohibited once covered by ICSTIS’ jurisdiction. Ongoing.

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So the suggestion has been put on the table that they be given even more time. 

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And the mobile companies and especially Vodafone who is unhappy with the proposal to make 03 geographically charged, don't attend!