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Agenda (3): Update / progress report on the current 'live' NTS related consultations / investigations: (Ofcom/All)
Review of Regulation of Premium Rate Services
CH advised that progress was much as reported at the last meeting. An initial document was expected to be published pre-Christmas.
NCCN 500 investigation / NTS call termination market review CH informed the group that Ofcom are to meet with respondents to the draft decision next week. Publication of the final determination is not expected until 2008.
General Condition 14 Enforcement Programme CH indicated that the Ofcom enforcement work was continuing.
Delay to 0870 implementation
CH confirmed that the implementation of changes to 0870 had been delayed. Ofcom stated that there was no current date for the consultation needed to remove the NTS condition from 0870.
WG asked for clarification as to the consultation process Ofcom intended to follow. CH confirmed that it would take the form of a consultation with accompanying draft legal notification. Subject to the responses, this will be followed by a statement implementing the changes.
JH asked if the statement would mark the removal of the NTS Condition from 0870 or whether there would be an implementation period. GB indicated that Ofcom would carry out an assessment against its previously stated policy. If the proposals were not significantly changed then it was possible that only a very short implementation period would be necessary. However a more significant change to the proposals or new information resulting from the consultation may lead Ofcom to allow a longer timeframe for implementation post the statement. GB stressed that it was Ofcom’s aim to minimise any further delays to implementation of the policy.
CH reminded the group that any comments in relation to the 0870 dispute needed to be made by COP 30 th November. A final determination is expected to be published before Christmas.
Agenda (4): 0870 Dispute Draft Determination (FleXtel)
WG presented on FleXtel’s view of the 0870 draft determination. Ahead of the presentation JH indicated that Ofcom, Cable&Wireless and BT would not be commenting on the contents of the draft determination ahead of a final determination.
CH said that at the request of the case team handling the dispute, Ofcom would not comment on the presentation and Flextel should submit any formal comments in writing to the case leader.
A copy of the presentation was circulated to attendees.
NS asked Ofcom if the mobile termination rate appeal due to be heard in January at the Competition Appeals Tribunal (CAT) would have any impact on the 0870 determination as one of the major points of contention was the “Gains from Trade” test used extensively in both determinations. NS also asked whether the 0870 determination would be delayed until after the Mobile Termination appeal.
WG raised concerns, as set out in the presentation, about the accuracy of some of the detail contained within the draft determination.
WG queried the status of the spreadsheet issued by Ofcom in relation to the 0870 draft determination and whether it constituted formal clarification of the draft determination. GB advised that it allowed the rates to be recalculated and that the equations in the draft determination take precedent over the spreadsheet.
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