Ofcom today updated the numbering plan in the light of changes to the regulation of 0870 telephone numbers which came into effect on 1 August 2009.

These new rules encourage communications providers:

• To stop charging higher prices for calls to 0870 numbers from fixed lines and mobiles than calls to “geographic rate” numbers (01, 02 or 03 numbers); and
• To include 0870 calls in call packages on the same basis as geographic calls.

Communications providers that want to continue charging for 0870 calls at rates above those for geographic numbers are now bound by strict rules about how prices are publicised on websites and in promotional material at point of sale.

Communications providers are responsible for making sure their customers know how much they will be charged for calling an 0870 number and they are not allowed to advertise 0870 numbers as “national rate” unless they are charging at geographic rates.

Ofcom’s statement on Changes to 0870 which was published on 23 April 2009 can be found at: http://www.ofcom.org.uk/consult/condocs/0870calls/0870statement/

The updated numbering plan can be found at:

http://www.ofcom.org.uk/telecoms/ioi/numbers/numplan030809.pdf

Ofcom has introduced new restrictions on the way that we issue telephone numbers to communications providers to ensure the best use of numbers and to better protect consumers from scams, fraud and other forms of abuse. We have incorporated a test into the process for allocating numbers to communications providers known as the Consumer Protection Test for telephone number allocation (‘the CPT’).

The CPT focuses on companies and individuals that have used telephone numbers to cause serious or repeated harm to consumers. We will identify and publish lists of such individuals and companies and we will not allocate telephone numbers in the following number ranges to applicants who are on those lists:

1. 070 personal numbers;
2. 087 (excluding 0870) special services higher rate numbers; and
3. 09 premium rate numbers.

We strongly encourage all providers that assign telephone numbers to others to take best use of numbers and consumer protection into account when making assignment decisions and to refer to the following two lists that we are publishing for that purpose.

The under assessment list

The under assessment list is a list of individuals and companies that we are assessing to determine whether they have used telephone numbers in a way that has caused serious or repeated harm to consumers.

Consumer Protection Test Under Assessment List

The number refusal list

The number refusal list is a list of individuals and companies that, following assessment, we are satisfied have used telephone numbers in a way that has caused serious or repeated harm to consumers in the past and to whom further 070, 087 (excluding 0870) and 09 numbers should not be allocated. Inclusion on the list, and for how long, depends on factors including the seriousness of the behaviour and the individual or company’s past history of using numbers to cause detriment to consumers.

Consumer Protection Test Number Refusal List

Further information on the CPT

• guidelines on the implementation and operation of the CPT: http://www.ofcom.org.uk/telecoms/ioi/numbers/cpt/guidelines.pdf
• Consumer protection test for the allocation of telephone numbers: statement published 30 September 2008
• questions on the CPT should be directed to the Numbering Team at numbering.applications@ofcom.org.uk

There is also a free e-mail subscription list for people interested in receiving notification of updates to the numbering web pages and documents, including updates to the under assessment list and the number refusal list.

• register for automatic notification of updates http://www.ofcom.org.uk/static/subscribe/numbering.htm
• Guidelines: Consumer protection test for telephone number allocation [pdf]
• Consumer Protection Test Number Refusal List [pdf]
• 28th July 2009 Consumer Protection Test Under Assessment List [pdf]
• 14th July 2009

NTS Retail Uplift charge control and PRS bad debt surcharge

Introduction

1.1 NTS Retail Uplift and the associated PRS Bad Debt Surcharge are wholesale charge elements of BT’s charges for Number Translation Services (‘NTS’) call origination. NTS calls are calls to 08 numbers ^(-1-) and 09 numbers (09 numbers are also known as Premium Rate Services (‘PRS’)). These numbers provide individuals and organisations with a combination of call routing services and a mechanism to charge callers small sums. This allows them to provide a wide range of services to callers, including sales lines, customer service/enquiries, information and entertainment services.

1.2 We require BT to originate and to retail NTS calls on behalf of other communications providers (‘CPs’). Through the existing controls we allow BT, when it originates NTS calls, to retain an amount to cover its costs including an element of its own retailing costs. These specific retailing costs are referred to as the NTS Retail Uplift. For the higher priced PRS calls we allow BT to retain a percentage of revenue to recover the higher level of bad debt encountered on these calls via the PRS Bad Debt Surcharge.

1.3 In our recent market review consultation "Review of the Fixed Narrowband Services Wholesale Markets" published on 19 March 2009 ^(-2-) (the ’2009 Wholesale Market Review’), the key findings and proposals relevant to this consultation are that:

1. there is a market for wholesale call origination on a fixed narrowband network in the UK, excluding the Hull Area ^(-3-);
2. BT has Significant Market Power (‘SMP’) in this identified market ^(-4-);
3. BT should continue to be subject to the NTS remedy to address its SMP in this market. We therefore proposed to revoke the existing SMP services condition, SMP condition AA11(the ‘NTS Condition’) and re-apply it in its current form, which includes the maximum retention allowed by BT for the PRS Bad Debt Surcharge ^(-5-);
4. we also proposed that, it is necessary to have a charge control applied to the NTS Retail Uplift charges, with the specific details of the charge control to be addressed in a separate consultation to allow CPs providing NTS services to make effective use of the NTS call origination remedy BT is obliged to provide.

1.4 In this consultation therefore we consider the details of the NTS Retail Uplift charge control remedy flowing from the market analysis in the 2009 Wholesale Market Review. We are seeking views on the form and the level of these charge controls which we propose should take effect on 1 October 2009 and apply for a period of 4 years. We are also seeking views on the methodology used to calculate the charges. In addition we are seeking views on a proposed increase in the PRS Bad Debt Surcharge.

Footnotes:

1.- As explained later in the document not all 08 numbers are classified as NTS.

2.-http://www.ofcom.org.uk/consult/condocs/review_wholesale/

3.- See section 6 of the 2009 Wholesale Market Review, in particular paragraphs 6.76 – 6.81.

4.- See section 6 of the 2009 Wholesale Market Review, in particular paragraphs 6.93 to 6.96.

5.- See section 15 of the 2009 Wholesale Market Review, in particular paragraph 15.9.

• Wholesale charges for Number Translation Services and Premium Rate Services [pdf]
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