Insights Ofcom announces closure of own-initiative monitoring and enforcement programme in relation to General Condition 22.

The programme, which Ofcom initiated in September 2014, was opened to monitor Communication Providers’ compliance with the requirements of General Condition 22 in connection with their sales and marketing activities.  This included the conduct of Communications Providers following receipt of a request to transfer its customer to a new provider, in particular, assessing the use of the “anti-slamming” cancellation process (Cancel Other).  As part of the programme, Ofcom collected and monitored complaints and industry data, examining any evidence that suggested that providers might not be complying with the rules contained within General Condition 22.

The rules set out in General Condition 22 apply to all Communication Providers in relation to provider migrations for domestic and small business customers of:

  • fixed-line telecommunications services provided within Openreach’s Access Network;
  • fixed-line telecommunications services provided within KCOM’s Access Network;
  • broadband services provided within Openreach’s Access Network; and
  • broadband services provided within KCOM’s Access Network.

Since opening the programme, complaint levels, which came down significantly under the previous General Condition 24 monitoring and enforcement programme, have remained consistently low, Ofcom says.  It is for this reason that it has decided to close down the current programme.

Ofcom says that it remains committed to ensuring that Communications Providers comply with their obligations under General Condition 22.  It will continue to monitor complaints regarding non-compliance and will continue to use its enforcement powers under the Communications Act 2003 in relation to breaches of General Condition 22, where appropriate.  To read Ofcom’s announcement in full, click here.