As part of its ongoing investigation into Prodigy’s compliance with GC22 and GC14.7, Ofcom issued a notice to Prodigy under section 135 of the Communications Act 2003 (‘the Act') requiring the provision of specified information. As Prodigy failed to comply with this notice, a notification under section 138 of the Act was issued to Prodigy on 31 May 2007. Prodigy also failed to comply with this notification.

Ofcom considers that Prodigy has failed to provide all the required information. Given Prodigy’s ongoing failure to comply with the section 135 notice and having followed the procedures set out in the Act, Ofcom has decided to impose a penalty of £30,000 on Prodigy. A non-confidential version of the penalty notice issued to Prodigy on 9 November 2007 under section 139 of the Act is currently being prepared and will be published shortly.

Ofcom's investigation into the activities of Prodigy continues.