If we are to get pedantic on a "harmless", if potentially technically invalid, use of a commonly understood phrase to make a fair point about what we should regard as a victory for our campaigning efforts, then let us take care to ensure that we really "get it".
I understand the situation to be as follows:
- The ASA and some Trading Standards bodies have ruled against certain specific uses of the term "local rate" to describe the cost of calling particular 0845 numbers. I am not aware of any such ruling being made with regard to geographic or 03 numbers.
- I am not aware of any General Condition imposed by Ofcom to proscribe use of the term "local rate" by telephone service providers. They are required to adhere to the provisions of The National Telephone Numbering Plan, which includes the term "BT’s Standard Local Call Retail Price" in the definition of 0845. Ofcom has no powers over how users describe the cost of calling their numbers, except for those who are providers of "Premium Rate Services" as defined in the Communications Act.
- The current BT "Tariff Guide for Residential Customers" includes 22 references to rates for making "local" calls. Sometimes these are associated with the word "rate" and in most cases the rate is the same as that for making "national" calls. The term "local NTS" remains to describe the rate for calling 0845 numbers, as does "national NTS" for 0870, even though the actual rates for "local NTS" do not necessarily any longer bear any particular relationship to those for calling "local" geographic numbers. Many find this document hard to understand, however I doubt that one would be likely to succeed in bringing a legal action to show that this document was littered with "misleading price indications".
- Most people would give a meaning to the term "local rate". This would be the rate for making a call to a local number on a landline. In this sense the meaning is fairly applied to the cost of calling a 03 number. (The term "local" is defined in the BT document on page number 33 (35 in Acrobat reader.)
- One could take the trouble to explain that "local rate" is only currently distinct from "national rate", in the case of residential customers, for certain obsolescent BT and Talk Talk tariffs (plus any others that I am not aware of). One could encourage general use of the term "UK rate", as proposed by Ofcom, however one must admit that it has not been adopted by providers nor come into general use, and therefore stands as being generally meaningless. I do not believe that Hillingdon PCT is failing in its duty to the patients it serves, nor breaking the law, by not engaging on these points.
I am happy to accept that I do not fully "get it" and will be pleased to read any corrections or extensions to the points I make above, so as to improve my understanding.
I do wince at little at use of the term "local rate". I must however admit that I have nothing better to propose at present for those who are seeking to explain in simple terms that calls to a new 03 number used for a local service will be cheaper for many than the previous 0845 number, because they will be no more expensive than calling a local number.
The problem with 03 could arise if "local" calls are again offered at rates lower than those for "national" calls. The current Ofcom regulation only requires the cost of calling 03 numbers to be no greater than the latter. This was addressed by Talk Talk for the short period during which distinct terms applied to local calls. The present regulations would require similar exceptional measures to be taken should other cases arise. (I would suggest that campaigners pressing for such action focus on the example of the Metropolitan Police, clearly a provider of a local service on a 03 number, as I did with Talk Talk.) It is possible that the distinction between "local" and "national" rates could return to residential tariffs (it remains in place for business tariffs). I do not however see this as being sufficiently likely as to require briefing Hillingdon PCT and Harmoni on the impropriety of using 03 numbers or describing them as being charged at a local rate.
One should perhaps demand that users describe the cost of calling a 03 number as being no greater than "national" rate. Although technically more correct, this would actually cause many to believe the cost to be greater than that for calling a 0845 number, which was once the same as a local call.
This is a very complex issue. Again, if anyone recognises the extent to which I do not fully "get it" and can help me further, I would be delighted to be brought up to speed.
I am happy to engage in what I see as pedantry, as this is often necessary to deal with spurious points put forward by our opponents.
I would however rather that we applied our campaigning energies to matters of substance, e.g. the continuing use of 0845 numbers for Out of Hours GP services by NHS Direct. (See
this press article and the detail at the foot of
this page.)