Ofcom Warns UK Phone Providers to Ensure Customers Can Contact 999

The telecoms regulator, Ofcom, has opened a new compliance programme to assess whether regulated UK phone providers are meeting their obligations concerning the need to ensure access to emergency calls (e.g. 999 and 112). The move comes after a string of broadband and VoIP providers, including BT, Gigaclear and Vonage, were fined over various related failings (here, here and here).

The regulator’s existing General Conditions rules (e.g. General Condition A3.2 and sections 105A, 105C and 105K of the Communications Act 2003) require every communications provider to “ensure the fullest possible availability of public communications services at all times, including in the event of a disaster or catastrophic network failure, and uninterrupted access to emergency organisations.”

Naturally, any failure of such systems, particularly to the emergency services, is extremely serious and could result in a loss of life. This is particularly relevant now that broadband ISPs are increasingly switching away from traditional landline phone services and on to IP-based digital phone alternatives (inc. VoIP), which may be more exposed to connectivity problems, power cuts and complexities around location reporting etc.

However, the recent string of problems has now caused Ofcom to write a new Open Letter to the industry, which reminds them of their “obligations as a telecoms provider to ensure your customers are able to contact emergency services and that accurate information about a caller’s location is provided to the emergency service“. It also notifies providers of their new compliance programme.

George Lusty, Ofcom’s Enforcement Director, said (Open Letter):

“We are launching an own-initiative compliance programme to assess whether providers are meeting their obligations regarding emergency calls.

We will use our formal powers to gather information from a range of providers to investigate whether they have appropriate measures in place to meet their obligations. We will then consider the responses to determine whether further action is required.

Ofcom can investigate providers who may not be complying with their obligations under the GCs and, if they are found to be in breach, can impose penalties of up to 10% of their relevant turnover.

You should take this opportunity to ensure that you are meeting the requirements of the GCs regarding emergency calls.

Providers who we will be assessing as part of our compliance programme will be contacted by Ofcom directly. All providers should take notice of our action in this area, including the outcomes of enforcement investigations and compliance programmes.

The move, which reflects somewhat of a early warning shot across the industry’s bow, could also be seen as indirectly supporting Ofcom’s wider efforts to improve the resilience of the UK’s broadband and mobile networks.