http://www.ofcom.org.uk/telecoms/groups/nts_focus/notes/nts22feb07NTS Focus Group - 22nd February 2007 - 2.15 pm Ofcom
Agenda item (1) - Introductions
Attendance:
Andrew Wileman
Virgin Media (Chair)
Rob Day
BT
Kath Embleton
BT
Justin Hornby
Cable & Wireless
Laurent Pariat
Cable & Wireless
Becky Hewlett
Cable & Wireless
Martin Tredwell
Call Sciences
Andrew Monk
Carphone Warehouse
Toby Higho
Easynet
Will Goodall
Flextel
Tom Cairns
Gamma
Andy Martin
IV Response
Nancy Saunders
Kingston Communications
Geoff Brighton
Ofcom
Gareth Davies
Ofcom
Nic Green
Ofcom
Clive Hillier
Ofcom
Neil Buckley
Ofcom
Dirmuid Jennings
Reality Telecom
Colin Scott
Thus
Michael Barford
Tiscali
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 on the 8 th March.
Review of Regulation of Premium Rate Services
Clive Hillier advised that the review remained ongoing. Ofcom will provide an update in due course.
NCCN 500 investigation/NTS call termination market review
Gareth Davies said that the NCCN 500 investigation was in the final stages of legal review. Ofcom intended to publish its findings to the specific parties to the dispute on either the 12 th or 19 th of March.
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 March.
General Condition 14 Enforcement Programme
Clive Hillier advised that the Ofcom investigation was continuing.
BT POLO Dispute (1 st October 2006 OCCNs)
Attendees were advised that BT’s dispute referral had been resubmitted and subsequently accepted by Ofcom. Investigation is underway, with the case being lead by Nick Morris.
Agenda (4): Update on arrangements for call termination payments under new 0870 regime
Andrew Wileman provided a recap on the progress of the NTSFG sub group that had been looking at the options for interconnect charging under the future 0870 regime. Andrew said that despite the group investing a significant amount of time on the issue, and reaching a broad consensus on an overall framework, it was unlikely that CPs would agree on the finer detail. This diversity of views was rooted in historical contentions with the NTS regime and as such resolution was unlikely without regulatory intervention. Andrew added that the sub group members did not want a dispute to arise – and had tried very hard to avoid the need for regulatory intervention. However, the majority of attendees expected that such a situation would prevail. At the previous NTSFG meeting Ofcom had been asked to assess whether it could offer any advice/provide a steer on the principal points of contention, in the hope of reducing the chance of a dispute arising. Gareth Davies said that while Ofcom supported the industry's desire to avoid an interconnection dispute, it was felt that it would be unwise to give any guidance without more detailed consideration of the new 0870 termination arrangements, such as would be undertaken in the context of a dispute. Any without-prejudice guidance that might be provided at this stage may be subject to change upon more detailed consideration of all the factors involved. There would therefore be a risk that it may prove to be unhelpful or counterproductive (see also update on AP Jan07_01 below).
Andy Martin asked when BT was planning to issue OCCNs for the new 0870 charges. Rob Day said that BT intended to issue pricing letters in mid-April 2007. Justin Hornby asked if they could be issued earlier. Rob said that he didn’t think that there was scope to significantly expedite the process, given the amount of work involved in their creation. Rob added that BT needed to have its pricing offer formally signed off before issuing pricing letters. He anticipated that this would occur at the March BT pricing board and (assuming that it was successful) the earliest that BT would be able to issue pricing letters would be early to mid April.
Colin Scott asked if Ofcom would accept a dispute referral prior to any pricing letters being issued. Geoff Brighton said that he believed this would be possible, however referees would need to ensure that they could prove that all potential avenues for resolution had been pursued.
Several attendees suggested that it would be prudent to prepare dispute referrals in advance of pricing letter receipt. Kath Embleton said that BT could submit a referral to Ofcom very soon after receipt of a rejection notice if the preparatory work had been substantially completed in advance.
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