The communications regulator , Ofcom , has today confirmed that consumers in the UK should soon benefit from revisions to the EU's Electronic Communications Framework that will grant them the ability to use tougher consumer protection powers and penalty fines against scams and mis-selling etc.


At present any broadband ISP or telecoms operator that is found to have breached Ofcom's rules would be given a month to resolve the problem. Providers that comply would escape any further punishment, while those that do not could be fined up to 10% per cent of their turnover.

The new rules, which are currently before parliament as part of related revisions to the existing Communications Act 2003, would give Ofcom a series of new powers and the ability to levy a fine regardless of whether or not the problem had been resolved.

Sample of Ofcom's New UK Consumer Protection Powers

* Extended information-gathering powers (see one example directly below).

* New Traffic Management powers which include the ability to require additional consumer information and set a minimum broadband quality of service. This quality of service could be a minimum broadband speed to ensure a basic level of access for consumers.

* Enabling Ofcom to issue a penalty for a breach regardless of whether the breach has been remedied. The penalty could even be retroactive and include an adjustment to the timing rules, which seek to prevent so-called ‘30 day’ scams.

* Increased maximum penalty for breaches of Ofcom’s information gathering rules from £50,000 to £2 Million.

* The ability to set maximum retail prices for certain telephone number ranges and specify how call charges are presented where required in order to protect consumers. Ofcom recently consulted on options to use this new power for 08, 09 and 118 numbers in order to help improve transparency and consumer understanding of call charges.

Ofcom claims that the new powers should be available to it from 26th May 2011, as partly mandated by the current European Union's (EU) timetable for state adoption into national law.

However, some changes, such as those concerning the new Traffic Management rules, will require an additional consultation or two before they can be fully adopted. This is expected to occur "as close as possible to 25th May 2011". Further details can be found in this document - Implementing the revised EU Framework Forthcoming publications and approach (PDF).