Upcoming Ofcom Regulation Changes

Providers of communications services including business telecoms, broadband, mobile, pay TV and landline services, must prepare for a second wave of key rule changes from Ofcom. These rules will require further significant changes to the way telecoms providers offer their services and will mean changing their contracts with customers.

Full details:

From June the 17^th and April 3^rd 2023 Communication Service providers will see changes to Ofcom’s General Conditions. They are required under the European and Electronic Communication legislation (EECC).

Ofcom has set out measures that need to be put in place to protect customers of broadband, landline services as well as those serving mobile and pay TV. These changes to the GCs will allow customers to shop around with confidence, make informed choices, switch easily and get a fair deal.

17 June 2022 (June 22 General Conditions)

1. Contract summary and contract information
2. Customer rights to exit
3. Emergency video relay

Contract summary and contract information

• The new rules are aimed at ensuring customers are given clear information about their communications services before they enter into a contract to help them make informed choices.
• Customers must be provided with a short summary in writing of the main contract terms which follows a specific template. Customers can only give consent to enter into a contract once they have received the contract summary. This requirement also applies to bundles.
• Before they are bound by a contract, customers must also receive a detailed set of contract information, in a clear and comprehensible manner and on a durable medium
• Customers with disabilities can also request to receive these documents in an accessible format

Contract modifications and customer right to exit

• The new rules are aimed at protecting customers from changes to their contracts which are not beneficial to them.
• Existing contract modification rules are being extended to include:
  • any changes to the agreed contract terms that are not to the customer’s benefit; and
  • any contracts forming part of a bundle.
• Customers must be given one month’s notice of any contract changes not to their benefit, and at the same time be given a right to exit those contracts without paying extra charges.
• The notice must be given on a durable medium and in a clear and comprehensible manner.
• Where a customer decides to exit, their contract must be terminated from the day before the change comes into effect (unless the customer agrees otherwise).
  

Emergency Video Relay

• Emergency video relay will allow deaf British Sign Language users to contact the emergency services in their first language. This helps to meet the requirement in the legislation for equivalence of access to the emergency services for disabled citizens.
• The obligation on regulated providers is to provide, or contract to provide, a service which has been approved by Ofcom. Emergency video relay must also be zero-rated.
• Ofcom has approved Sign Language Interactions’ emergency video relay service. SLI already provides video relay for NHS 111.
• BT has offered to act as wholesaler, billing regulated providers according to their share of the voice 999 market.
• Ofcom has published FAQs HERE for regulated providers and we can add to this list as we move towards the 17 June launch date

3^rd April 2023 (April 23 General Conditions)

• New rules relating to switching and porting, including the new One Touch Switch rules
• Industry is working with the OTA and Trade Associations on how this system will work, who will provide the HUB and who is in scope.
• This will impact everyone who needs to switch Consumer and small business and not for profit organisations.
• Business impact being looked at separately

 Where to find information about the changes:

• Ofcom’s October 2020 statement HERE sets out its overall decision on the changes needed to their General Conditions and guidance to implement the end-user
• rights provisions in the EECC.
• The new One Touch Switch rules were covered in a separate consultation process and their final position is confirmed HERE in its February 2022 statement.
• Ofcom also published a slide pack HERE that will provide a high-level summary of some of the key changes, details of who they apply to and links to the relevant documents that contain the full details.