Ofcom Hits UK ISP Colt with GBP15K Fine Over Information Request

The UK telecoms regulator, Ofcom, has hit business broadband ISP Colt Technology Services with a small fine of £15,000 over their failure to provide complete information in response to a statutory information request, which was first requested last year as part of the recent Wholesale Fixed Telecoms Market Review 2021 (WFTMR).

Section 135 of the Communication Act 2003 requires providers to provide information, in a reasonable period of time, when responding to such a request from Ofcom. Failure to supply the requested information could potentially lead to a fine or other action, depending upon the context.

Ofcom said that, as part of the recent WFTMR, they requested information from Colt on their networks and services (today’s ruling doesn’t clarify precisely what information was requested). But the ISP “initially provided incorrect and incomplete information“, and due to the time needed to correct this, it failed to provide the required information within the stipulated timeframe.

Ofcom’s Statement

Upon further review, Ofcom became concerned that Colt’s responses may have been missing a significant amount of information and requested further details from Colt; Colt consequently explained that the information provided had been incorrect and undertook to provide the missing information requested. As a result, Colt failed to provide the required information within the stipulated timeframe.

Ofcom and Colt entered into a settlement process and, on 22 September 2021, Colt wrote to Ofcom admitting its liability for the contravention. In light of the evidence and Colt’s admissions, Ofcom is satisfied that Colt contravened section 135(4) of the Act between at least 26 June 2020 and 4 January 2021.

Ofcom said they “take such failings seriously” and have fined the ISP £15,000 for this breach, which includes a 25% reduction from the penalty they would otherwise have imposed, as a result of Colt accepting liability and entering into a voluntary settlement. The regulator intends to publish a non-confidential version of the Confirmation Decision issued to Colt in the next few weeks, which may reveal more detail.