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Ofcom & UK ISP F.A.Qs

Posted: 24th Mar, 2003 By: MarkJ
Oftel has today published responses to the twelve most frequently asked questions from UK ISPs regarding Ofcom and the new regulatory framework. The full list of Q&A's can be read HERE, although we've quoted a few of the more interesting bits below:

4. Will ISPs be required to pay administrative fees?

4.1 Under the Communications Bill, Ofcom will be able to require providers of designated electronic communications networks, electronic communications services and associated facilities to pay a yearly administrative charge. The charge will meet the annual cost to Ofcom of carrying out its functions and will replace the licence fees currently payable. This change from the current regime may mean that some ISPs are subject to fees for the first time.

4.3 Current thinking is that it is unlikely that all communications providers would be required to pay an administrative fee - only those companies with a relevant turnover of £5 million or more would be subject to the charge.

Will ISPs need to publish information on their quality of service?

6.5 Under the new regulations, NRAs will be able to direct that providers of public electronic communications services publish information on their quality of service (draft general condition 11) following a consultation. This will not cover any communications providers who have been in operation for 18 months or less. This is to reduce the regulatory burden on recent new entrants.

6.6 If Ofcom chose to ask an ISP to provide it with information on its quality of service, the request would relate only to the public electronic communications services offered by the ISP. It would not apply to other types of services (e.g. web hosting, content) that do not define it as a provider of an electronic communications service.

Will ISPs be required to comply with codes of practice?

6.9 All providers of public electronic communications services to residential and small business customers will be required to produce a basic code of practice under Condition 15. This is a new policy initiative that stems from proposals set out in the Communications White Paper, see http://www.communicationswhitepaper.gov.uk/.

Will ISPs be required to comply with a dispute resolution scheme?

6.13 Yes. Article 34 of the USD requires Ofcom to ensure that all consumers of electronic communication services have recourse to an out-of-court settlement procedure that is transparent, simple, inexpensive, fair and prompt. Out-of-court settlement procedures are sometimes also known as alternative dispute resolution.
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