NGMsGhost wrote on Jan 11
th, 2012 at 5:22pm:
SCV,
I think that you mean if Ofcom made legally obligatory (with large financial penalties for rule breaches) the use of a simple form of words then most companies would use them without question when displaying telephone numbers.
No I do not. It may be helpful to restore my quoted comment to its context, as follows:
SilentCallsVictim wrote on Jan 11
th, 2012 at 4:39pm:
NGMsGhost wrote on Jan 11
th, 2012 at 4:18pm:
It does not of course help that Ofcom does not currently have any clear up to date item on their website to explain the effects of this provision of GC17 in respect of the pricing of 03 numbers to ordinary telecoms consumers.
If Ofcom offered a simple form of words for people to use - most of them would use it, without question.
My comment was with exclusive reference to unhelpful descriptions of the cost of calling 03 numbers. There is however a wider point to be drawn, regarding the powers of a regulator.
Most of what Ofcom (or indeed any regulator) achieves is expected to come through persuasion, albeit supported by powers of enforcement when necessary. Most of those who operate in the public domain will wish to be seen to be compliant with all relevant standards and regulations, regardless of the scale of the risks they may run as a result of stepping over the edge of regulatory requirements. That is the environment in which Ofcom primarily operates, and indeed this is the role that is defined for it in the Communications Act.
From time to time it must be seen to flex its regulatory muscle, but the reality is that it simply does not have the resources to ensure complete and total compliance with every regulatory requirement that it "imposes". It is also very ready for any enforcement action that it takes to be challenged in law, placing further demands on its resources.
Please understand that I do not seek to justify or support this approach. I had no part in drafting the Communications Act 2003 and I believe that much of it was ill conceived. I simply comment on the world as I see it.
That is the world in which we have to seek to achieve our objectives.
I believe that the "unbundled" approach, of which we will hear more very shortly, offers a new and much better basis for an understanding of how "revenue sharing" (including PRS) numbers operate. This should also make the position of 03 clearer.
The first hope must be that this will be accepted, in principle, by the telcos and the PRS users. I understand that the present signs are more positive than we may have expected, certainly from the mobile operators. The new form of words to be used by service providers in declaring their service charge will undoubtedly be set more firmly than the present PP+ requirements. The issue of the "Access Charges" and how that will be both set and presented is much more difficult, as each telco will be watching its competitors and may therefore be reluctant to take the lead.
The biggest problem, as I see it, will be with the 084 users, notwithstanding possible alterations to the regulation of 087 users. I have my doubts that Ofcom's alleged assessment of their needs and wishes is sound. In particular, I doubt that there are many 0845 users who are so attached to the benefit of the modest revenue subsidy which they enjoy, that they would be genuinely ready to declare a petty service charge in order to retain it.
There are also serious questions about how the costs incurred in funding enforcement of a requirement to make such a declaration could be met. The economics of a proportionate levy, following the present PP+ model, would surely not add up. If one is to deviate from the general principle that regulation is paid for by the regulated, then this raises the question of who it is who should pay.
Without addressing the rag-bag of 0844/3 users, my view is that Ofcom should consider very carefully whether there is any true demand for low-rate revenue sharing numbers in a world of transparency. The fact that the 0871 range has remained in use despite light, but not non-existent, transparency requirements may not provide any assistance, as the general profile of 0871 users is somewhat different to that of 084 users.
It must also be noted that all PRS regulations are imposed and enforced by a "self-regulator", representing the interests of the industry to whom it belongs. The suggestion that this industry includes 0871 users, let alone 0844, or even 0845, users is quite absurd. The comparison with the (quite separate) broadcasting arm of Ofcom enforcing "decency" standards may be matched by the apposite question of whether E-buyer is truly part of the same industry as the providers of SES on 098 numbers. Whilst PP+ consults on whether it should consider taking on the role of enforcing regulation of 084 users, we note that it was never the right body to deal with 0871 users.
We await the forthcoming Ofcom consultation with interest.