FAQs about the new regulatory framework

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FAQs about the new regulatory framework

• Lucy Rhodes
• lucy.rhodes_at_oftel.gov.uk

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FAQs by ISPs

• Frequently asked questions by Internet service
  providers about the new regulatory framework
  Version 10
• http//www.oftel.gov.uk/publications/eu_directives
  /2003/ispfaq0303.htm
• Common questions asked by ISPs
• Open-ended
• Disclaimer

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Disclaimer!

• The FAQs posted here are intended to be
  helpful and informative but they need to be read
  with the understanding that the answers are
  general in nature and apply to typical examples.
  They cannot be taken as applying absolutely to
  individual cases where a particular set of
  circumstances needs to be taken into account. Nor
  can they act as a substitute for specific legal
  advice. These FAQs do not fetter the discretion
  of the Director General of Telecommunications or
  Ofcom to resolve any dispute or investigate any
  matter to which this guide relates. Where terms
  defined by the Communications Bill are explained
  in the FAQs, the explanations cannot replace the
  formal Bill definitions but are written so as to
  make those definitions more comprehensible to
  people with a non-legal background. References to
  the Communications Bill in this set of FAQs are
  references to the print of 5 March 2003 that may
  be subject to change as it passes through
  Parliament.

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About the new regulatory framework - the
directives

• 5 new directives -http//www.oftel.gov.uk/ind_info
  /eu_directives/index.htm
• Come into force on 25 July 2003
• Technology neutral
• Harmonised framework across Europe

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About the new regulatory framework - the Bill

• The Communications Bill
• Implements the Directives and sets out the
  regulatory structure for all communications
  services
• Transfers functions to Ofcom
• http//www.communicationsbill.gov.uk

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Ofcom

• www.ofcom.org.uk

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About the new regulatory framework - end of the
licensing regime

• General authorisation regime replace licensing
  regime
• General conditions and specific conditions
  replace licence obligations
• Will provide a more streamlined and flexible
  regime for current and new communications
  providers

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About the new regulatory framework - new terms

• Electronic communications
• Providers of an electronic communications network
  (ECN)
• Providers of an electronic communications service
  (ECS)

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Who are providers of ECNs and ECSs ?
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About the new regulatory framework - whats it
going to be like for ISPs?

• The provision of an ECS does not extend to the
  provision of content services
• www.oftel.gov.uk/publications/eu_directives/2002/i
  ntg0902.htm
• Technology neutral
• Proportionate regulation

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Will ISPs need to notify Ofcom about their
intention to offer services?
1

• PECN/S will no longer be required to obtain a
  licence or permission from the NRA before they
  can offer those networks or services.
• They may be required to submit a notification of
  their intention to offer networks or services,
  but that is all.
• Oftel does not intend to impose notification
• http//www.oftel.gov.uk/publications/licensing/200
  3/fees0203.htm

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Will ISPs be required to pay administrative fees?
2

• Ofcom will be able to require providers of
  designated electronic communications networks,
  electronic communications services and associated
  facilities to pay a yearly administrative charge.
• 5 million turnover threshold
• http//www.oftel.gov.uk/publications/licensing/200
  3/fees0203.htm

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Will ISPs be required to negotiate
interconnection?
3

• Most ISPs (except VISPs) will fall within the
  definition of a provider of a public electronic
  communications network and be subject to draft
  general condition 1 on general access and
  interconnection obligations.
• www.oftel.gov.uk/publications/eu_directives/2002/i
  ntg0902.htm.

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Will ISPs be required to comply with general
conditions proposed by Oftel relating to consumer
protection issues?
4

• Yes.

15
Will ISPs be required to offer contracts?

• Yes. All providers of public electronic
  communications services must offer to enter into
  a contract at the request of an end-user.

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

• NRAs will be able to direct that providers of an
  ECS publish information on their QoS, following a
  consultation
• Only relates to ECS, not content type services
• Initial view is that unlikely to extend this area
  to include ISPs

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Will ISPs be required to comply with codes of
practice?

• All providers of ECS to residential and small
  business customers will be required to produce a
  basic code of practice - setting out the ISPs
  relationship with its customer in
  easy-to-understand language.
• Codes of practice dealing specifically with
  customer complaint handling and dispute
  resolution.
• 18 February 2003 - Oftel published guidance on
  how it plans to assess codes of practice
  procedures for compliance with the Communications
  Act. www.oftel.gov.uk/publications/ind_guidelines/
  2003/cop0203.htm.

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

• All consumers of an ECS must have recourse to an
  out-of-court settlement procedure that is
  transparent, simple, inexpensive, fair and
  prompt.
• The Telecommunications Ombudsman Service (est.
  June 02) is Oftel's and the Government's
  preferred solution
• Any system needs to be approved by Ofcom

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Will ISPs be required to offer itemised billing?
5

• No. Only providers of publicly available
  telephone services will be required to provide
  itemised bills in certain circumstances
• However all providers of public electronic
  communications services will be required to
  provide accurate bills to consumers

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Will the wholesale products ISPs buy be affected?
6

• The introduction of the new Directives requires
  Member States to carry out reviews of competition
  in markets, in order to ensure that regulation
  remains proportionate.
• SMP conditions proposed in these reviews are
  likely to be relevant to ISPs to the extent that
  they will impact the wholesale products that are
  available to them, e.g. NTS and FRIACO.

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Will Ofcom regulate Internet naming and
addressing?
7

• No.
• This has been specifically excluded from the new
  regulations.
• It is likely that the key functions associated
  with the Internet domain name system will
  continue to be performed by an independent
  organisation see www.nominet.org.uk.

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Will Ofcom regulate content available over the
Internet?
8

• Content provided over the Internet is
  specifically excluded by the draft Bill from
  direct regulation
• Ofcom will have a statutory duty to promote
  public awareness that Internet content is
  unregulated, and how users can regulate and
  control access to it themselves
• Establishment of the Content Board
• Function to promote Internet media literacy

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Summary

• 25 July 2003 new Directives
• Licensing regime replaced by general
  authorisation
• Licence conditions replaced by general conditions
• Technology neutral
• Appropriate regulation
• FAQs on the web site - open-ended