Ofcom (the Office of Communications) is the United Kingdom’s statutory regulator for the communications sector. It’s responsible for ensuring that telecommunications, broadcasting, and postal services operate fairly, efficiently, and in the interests of consumers. Ofcom oversees network performance, service quality, coverage, and enforces rules to protect consumers, promote competition, and support the development of reliable and accessible communication services across the country.
They are independent, and funded by fees paid to them by the companies they regulate.
They make sure that:
- people are able to use communications services, including broadband;
- a range of companies provide quality television and radio programmes that appeal to diverse audiences;
- viewers and listeners are protected from harmful or offensive material on TV, radio and on-demand;
- people are protected from unfair treatment in programmes, and don’t have their privacy invaded;
- online services do their best to protect users from harm;
- the universal postal service covers all UK addresses six days a week, with standard pricing;
- and the radio spectrum is used in the most effective way.
But they don’t:
- settle individual disputes between you and your home phone, broadband or mobile provider. (They are dealt with via an Alternative Dispute Resolution (ADR) scheme, if eligible);
- set standards of advertising on TV, radio or the internet. These are regulated by the Advertising Standards Authority;
- set standards for programmes on the BBC World Service;
- choose the level of the BBC license fee;
- regulate post offices;
- decide what can be printed in newspapers and magazines; or
- censor what people write or post on the internet. Our job is to make sure that online services take steps to keep their users safe.
(Source Material for the above – here)
What about the Mobile Telecom Industry?
The rules for Telecom Providers are published in the General Conditions of Entitlement which can be found on Ofcom’s website. They replaced the former licensing regime which applied under the Telecommunications Act 1984 until 25 July 2003, when the EU communications regulatory framework was implemented in the UK through the Communications Act 2003.
There is an unofficial document (here) summarising (over 95 pages) the rules but it’s the providers responsibility for making sure they comply with all of their obligations. Most providers seek legal advice for ensuring they are complaint but it’s not mandatory. Updates are published via Ofcoms website and are always in the interests of the end user.
2 examples of Ofcom rules (taken from the Unofficial summary document) are shown below and the rules often depend on what products are being supplied and who you are as the end customer.
The rules can vary slightly depending on which category you fall into:
> Consumer
> Not-for-profit Organisation
> Microenterprise or Small Enterprise
> Large Business (>250 employees)
Example Rule #1 – “Regulated Providers shall ensure that no Handset Locking Restrictions are applied to any Mobile Device sold or provided to Relevant Customers as part of a Bundle with a Relevant Communications Service that they provide” so if a network is selling a “locked” device – they shouldn’t be.
Example Rule #2 – “Regulated Providers shall not include a term in any contract, other than an Instalment Contract for a Physical Connection, with a Relevant Customer, that stipulates a Commitment Period of more than 24 months in duration” So you can pay for a phone over 3 years but NOT a SIM Plan.
When the rules don’t apply
The rules don’t always apply – for example, providers are not under obligation to some of the rules if the product being supplied is Machine-to-Machine Transmission (so iOT, M2M products)
Using example #2 above, that rule applies to all consumers as standard but only to others end users, provided they haven’t “agreed otherwise”. I’ll write more on this later so stay tuned!
In conclusion, Ofcom are needed – they are there to protect and safeguard the masses and make fair competition the standard.
Speak to us!
If you are a small business owner and your provider is not a member of an approved ADR Scheme, you may want to find one who is! Get in touch with us today to see how we can help!
From dongles to devices, we know what’s what. We offer all major networks under one roof, so you can benefit from the networks you know and love but have the customer service and management from a small dedicated team.
