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Article Date: 10/06/2007
Article Title: Voice over IP
On 29 March 2007, Ofcom published a final statement on the regulation of Voice over IP ("VoIP") services in the UK. The statement represents the culmination of a 2 and a half year process to select an appropriate regulatory regime for this new type of service. Ofcom has amended the text of General Conditions of Entitlement (the regulatory requirements with which all persons providing electronic communications networks and services must comply) 14 and 18.
Under a new General Condition 14, VoIP operators who offer services to residential or small business customers must provide information on service reliability (i.e. whether the VoIP service will work in the event of a power outage), ability to access the emergency services and availability of number portability (where customers can retain their number if they switch service provider). The new General Condition will require VoIP operators to implement a Code of Practice and also to amend their terms and conditions to reflect these new obligations.
Under a revised General Condition 18, Ofcom has made it clear that VoIP operators whose services are available to the public, enable their users to make and receive national and international calls and access the emergency services through a normal telephone number, will now be subject to stringent obligations imposed on providers of Publicly Available Telephone Services.
Ofcom has confirmed that it will take a highly proactive approach to monitoring and enforcing compliance with the new obligations under General Conditions 14 and 18, which came into effect on 29 May 2007 and 29 March 2007 respectively. Where breaches are found, providers may be subject to the imposition of fines of up to 10% of turnover or ultimately suspension of the authority to provide electronic communications services in the UK. VoIP operators are strongly advised to review the statement, identify the implications of these new rules on their business and to obtain specialist legal advice if required.
Elizabeth Wilks-Wood
Barrister (non practising)
Eversheds LLP
Direct dial: 0845 498 4105
www.eversheds.com
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