NGMsGhost wrote on Dec 3^rd, 2010 at 3:09pm:

Ofcom is certainly not being proactive. It is responding to strong representations and actions by BT, which resents being treated as holding SMP, when this is admitted not to be the case. Ofcom is also reacting to extensive public representations about the lack of transparency in pricing for calls to NGCS.

In a lightly regulated free market there will always be scams. Action by regulators may cause the nature of the scam to change, but the profit motive will always push against the edges of regulation. Because regulation imposes limitations on freedom of action, it has to be justified as being necessary, which means that it has to be reactive, rather than proactive. It is therefore at least one step behind what is actually happening.

In a liberal and regulation-averse environment, the powers of regulators are kept severely limited. When this is compounded by natural human incompetence and an industry-minded outlook, it is unsurprising that Ofcom and the other regulators appear ineffective. This makes our efforts in campaigning for what can only ever be modest changes difficult.

It is perfectly understandable that some become tired and despondent, focussing on past failures to suggest that our efforts are to no good purpose. I differ from that position in that if I ever felt that I had done all that I could, I would simply move on to deploy my energies elsewhere. When I judge that this point has arrived, that is what I will do. I have no interest in noble failure or pointless whingeing.

Wth Ofcom's recent proposals to introduce clarity into the pricing of premium (084x, 0871, 0872, 0873 and 09) numbers, I think that ASA should be proactive and consider what the best practice should be for service providers.

SilentCallsVictim wrote on Apr 17^th, 2011 at 12:52pm:

I'm not entirely sure that "proactive" is the right word to use with respect to this. As I understand it, CAP sets the Codes of Practice for which ASA enforces and rules against.

What I am getting at is the fact that it will be more desireable that CAP decides best practice for call pricing information sooner rather than later (this probably goes without saying!) and the reason is that the current "Other providers may vary" [from that of BT] line is the opposite of the truth.

It seems that ASA/CAP has a choice now:

• it can continue to accept (and advocate the use of) "Other providers may vary", or;
• CAP can draw up a new code which says how pricing information should be given, with the possibility that it might change again in the not too distant future.

Ofcom made the point in its consultation document that any pricing information would need to be understandable to consumers in general, else it is likely to cause further confusion (or perhaps just be a waste of time). I wonder if CAP could help in this respect.