faqs about the new regulatory framework lucy rhodes [email protected]
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FAQs by ISPs
• Frequently asked questions by Internet service providers about the new regulatory framework – Version 1:0
http://www.oftel.gov.uk/publications/eu_directives/2003/ispfaq0303.htm
• Common questions asked by ISPs
• Open-ended
• Disclaimer
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.
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
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
Ofcom
www.ofcom.org.uk
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
About the new regulatory framework - new terms
• ‘Electronic communications’
• Providers of an electronic communications network (ECN)
• Providers of an electronic communications service (ECS)
Type End Users
Examples Residential & Business Single Line Customers & Self-provided private networks
PubsClubs
HotelsAirportsHospitalsUKERNARDAsRBCsSome Outsourcers
Some Outsourcers
Tesco Freeserve Virgin Mobile
New World Payphones
BTOrangeTiscaliCentricaAOL
LINX &other NAPs
Crown Castle
Providing
Non-Public/Limited Providers Public ProvidersECS
ECNECS
ECN
Who are providers of ECNs and ECSs ?
About the new regulatory framework - what’s 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/intg0902.htm
• Technology neutral
• Proportionate regulation
1Will ISPs need to notify Ofcom about
their intention to offer services?
• 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/2003/fees0203.htm
2Will ISPs be required to pay
administrative fees?
• 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/2003/fees0203.htm
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/intg0902.htm.
Will ISPs be required to negotiate interconnection?
4
Will ISPs be required to comply with general conditions
proposed by Oftel relating to consumer protection issues?
Yes.
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.
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
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 ISP’s 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.
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
5
Will ISPs be required to offer itemised billing?
• 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
6
Will the wholesale products ISPs buy be affected?
• 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.
7
Will Ofcom regulate Internet naming and addressing?
• 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.
8Will Ofcom regulate content available over the Internet?
• 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
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