Enforcement programme into compliance with obligations relating to emergency call access and resilience

It is critical telecoms companies ensure there is guaranteed access to the emergency services and provide those services with accurate caller location information to minimise the risk of serious harm to the public and unnecessary loss of life.

Through our emergency call access and resilience programme we have successfully tackled a wide range of issues including:

• inadvertent billing of customers for emergency calls;
• inaccurate or incomplete location information;
• failure of networks to maintain access to the emergency services; and
• inability to contact the emergency services due to handset issues.

We have:

• ensured that providers take steps to correct errors in their billing systems and refund customers for any overcharging;
• achieved positive outcomes in helping to ensure that providers take all necessary steps to ensure that any discrepancies in location information are kept to an absolute minimum; and
• secured significant, and continued, reductions in the number of these discrepancies to ensure the emergency services get accurate caller location information.

In light of these successes and generally high levels of compliance, we have decided that it is no longer necessary to undertake this enhanced level of monitoring. As a result, we are closing this enforcement programme.

Nevertheless, emergency calls access and resilience responsibilities are among the most important regulatory obligations on telecoms companies. We therefore remain committed to ensuring there is free, uninterrupted access to the emergency services and that companies continue to comply with their obligations to provide the emergency services with accurate caller location information.

We will monitor compliance and maintain an oversight of the number of caller location information discrepancies by continuing to request information from the emergency services’ call handling agent. We also encourage telecoms providers to bring any emergency calls related issues to our attention by emailing consumeradvocacy@ofcom.org.uk.

We will not hesitate to consider formal enforcement action where we identify any suspected non-compliance.

Since renewing this monitoring and enforcement programme in February 2018, Ofcom has continued to engage with telecoms companies to ensure that their customers are always able to access the emergency services.

As part of this work, we have considered the steps that telecoms companies are taking to meet their obligations (under General Condition A3.2)^[1] to ensure their customers have “uninterrupted access to emergency organisations”. This has involved ongoing informal engagement with certain telecoms companies to assess:

• the processes that they have in place for carrying out 999 or 112 test calls when making changes to their network; and
• the effectiveness of emergency call monitoring that they have in place to alert them to any issues arising on their networks.

In addition, we have considered telecoms companies’ compliance with the strict emergency call access obligation under General Condition A3.4.^[2] This says that providers must ensure that “any End-User can access Emergency Organisations by using the emergency call numbers “112” and “999” at no charge, and in the case of a Pay Telephone, without having to use coins or cards.”

This requirement is clearly critical to prevent the harm that may occur should a person be unable to contact the emergency services immediately during an emergency. Telecoms companies must therefore assure themselves that they are complying with this obligation at all times.

Ofcom will always consider the individual facts and circumstances of each case to decide whether it is appropriate to take any further action in relation to a potential breach of General Condition A3.4. Since February 2018, two unique cases, involving the restriction or blocking of emergency calls in secure facilities, were brought to our attention where we have decided not to pursue further action.

When assessing these two particular cases, we noted that:

• two secure facilities –a psychiatric unit and a prison– had asked their telecoms providers to restrict or block calls to the emergency services from phones accessible to patients and inmates;
• the ability for patients and inmates to receive emergency assistance was not expected to be diminished, as there were safe, alternative ways for emergency assistance to be provided, given that these are controlled environments;
• the requests were supported by the emergency services because there was evidence of a potential threat to human life if the call restrictions or blocks were not implemented. The two secure facilities were considered a significant risk of generating high volumes of 999 or 112 calls in non-emergency situations, leading to emergency resource being taken up inappropriately; and
• in both cases the telecoms companies brought these situations to our attention and fully cooperated with Ofcom’s enquiries.

Given the uniqueness of these specific cases, we expect that similar circumstances would be unlikely to arise in other situations or settings, other than in equivalent secure facilities. However, if any provider has concerns in relation to their approach to compliance with General Condition A3.4, specifically where call restrictions or blocking are concerned, they should contact Ofcom.

We will continue to engage with telecoms companies further in the coming months about their obligations relating to emergency call access and will update this bulletin in due course.

1. Formerly GC3
2. Formerly GC4

Ofcom remains committed to ensuring that end-users can access the emergency services and that accurate information about their location is made available to ensure help arrives as quickly as possible.

We have therefore extended this monitoring and enforcement programme for a further 12 months. In addition, the title and scope of the programme has been amended to reflect the range of issues that are considered under the programme.

Over the last 12 months, Ofcom has continued to monitor and engage with landline, mobile and Voice over Internet Protocol communications providers (CPs) to ensure they fully meet their obligations to make accurate and reliable caller location information available to the emergency services. In addition, we have:

• engaged with CPs in relation to their obligations to ensure access to eSMS services, which play a vital role in allowing deaf, hard of hearing and speech-impaired people in the UK to contact the emergency services by simply sending a text message to 999; and
• considered CPs’ processes and procedures for ensuring access to emergency services, including the way in which they monitor and secure the availability of these services.

We note that Ofcom’s revised General Conditions (PDF, 2.8 MB) will come into force on 1 October 2018 and with this, the obligations relating to access to emergency services will be amended. This includes extending the current requirements to ensure end-users can access emergency organisations by using eCalls. Accordingly, on 1 October 2018 we will amend reference to the relevant instruments under which this programme is conducted.

Ofcom will monitor CPs compliance with all their obligations relating to access to the emergency services, including any developments when the revised General Conditions come into force. We will use our information gathering powers and engage with CPs if we identify any areas of concern.

Should we consider it necessary to do so, we will use our formal powers to investigate any potential breaches of the relevant obligations relating to access to emergency services. Please see "Related items" for examples of two recent investigations which considered emergency call access and resilience.

Ofcom remains committed to ensuring that end users can access the emergency services and that accurate caller location information is available to the extent technically feasible.

Ofcom has therefore extended for a further 12 months its own-initiative enforcement programme into compliance with GC4. We will continue to monitor compliance, using our information gathering powers and engaging with communications providers when we identify concerns.

In addition, should we consider it necessary and proportionate to do so, we will use our formal powers to investigate possible breaches of obligations relating to access to the emergency services and provision of caller location information. Ofcom currently has two ongoing investigations into communications providers compliance with obligations relating to network security and access to the emergency services.

Ofcom has today extended for a further 12 months its own initiative enforcement programme into compliance with General Condition 4 (“GC4”).

Over the past twelve months, Ofcom has continued to monitor and engage with fixed, mobile and Voice over Internet Protocol communications providers to address potential compliance issues with GC4. We have also continued to work with the Call Handling Agent (“CHA”) service, to which CPs route emergency calls for connection to the emergency services. In addition, we have worked with CPs who have been developing new products and technologies to ensure that they remain able to meet their obligations under GC4. We have also worked with CPs who have experienced technical issues in providing accurate caller location information to ensure any discrepancies are rectified as quickly as possible.

Ofcom remains committed to ensuring that end users can access emergency call numbers and that accurate caller location information is available to the emergency services. We will continue to monitor compliance over the next 12 months, using our information gathering powers and engaging with call providers when we identify concerns. Should we consider it necessary and proportionate to do so, we will use our formal powers to investigate possible breaches of GC4.

Ofcom has today extended for a further 12 months its own initiative enforcement programme into compliance with General Condition 4 (“GC4”).

Over the past six months, Ofcom has continued to monitor and engage with fixed, mobile and Voice over Internet Protocol communications providers to address potential compliance issues with GC4. We have also continued to work with the Call Handling Agent (“CHA”) service, to which CPs route emergency calls for connection to the emergency services.

Ofcom remains committed to ensuring that end users can access emergency call numbers and that accurate caller location information is available to the emergency services. We will continue to monitor compliance over the next 12 months, using our information gathering powers and engaging with call providers when we identify concerns. Should we consider it necessary and proportionate to do so, we will use our formal powers to investigate possible breaches of GC4.

Ofcom has today extended for a further six months its own initiative enforcement programme into compliance with General Condition 4 (“GC4”).

Over the past six months, Ofcom has continued to monitor and engage with fixed, mobile and Voice over Internet Protocol communications providers to address potential compliance issues with GC4. We have also continued to work with the Call Handling Agent (“CHA”) service, to which CPs route emergency calls for connection to the emergency services. During this period, the transition to a single CHA was completed.

Ofcom remains committed to ensuring that end users can access emergency call numbers and that accurate caller location information is available to the emergency services. We will continue to monitor compliance over the next six months, using our information gathering powers and engaging with call providers when we identify concerns. Should we consider it necessary and proportionate to do so, we will use our formal powers to investigate possible breaches of GC4.

Ofcom has extended by six months its own initiative investigation looking at compliance with General Condition 4 ("GC4"). GC4 requires Communication Providers ("CPs") to provide emergency call access and accurate location information where technically feasible.

Ofcom has continued monitoring compliance over the last six months using our information gathering powers and informal engagement with fixed, mobile and VoIP providers. We have examined network problems that have impacted emergency call access or the provision of location information and having identified a number of potential compliance issues we have worked closely with CPs to resolve these.

We have also liaised with Call Handling Agents ("CHAs") to whom emergency calls are routed, in particular in light of the nearly completed transition to a single CHA.

The programme remains a priority for Ofcom and over the next six months we intend to maintain our focus on compliance through our engagement and use of information gathering powers. We continue to be prepared to use our formal investigative and enforcement powers where we deem it necessary and proportionate to do so.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 - Emergency Calls ("GC4").

Our enhanced monitoring of Communications Providers has continued over the last six months. Using our information gathering powers and engagement with various fixed, mobile and VoIP providers concerning their processes, we have maintained our oversight of compliance with GC4. We have identified a number of potential compliance issues and worked with Communications Providers to resolve these. We have also continued to liaise with the Call Handling Agents to whom emergency calls are routed in particular in the light of the ongoing transition to a single Call Handling Agent.

Over the next six months we intend to maintain our focus on compliance through the enhanced monitoring of Communication Providers. We considered whether to change our current approach to compliance monitoring, but concluded that we would not do so at this time. We will consider this again at the end of the coming six months. We continue to be prepared to use our formal investigative and enforcement powers where we deem it necessary and proportionate to do so.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 - Emergency Calls ("GC4").

Our enhanced monitoring of Communications Providers has continued over the last six months. Using our information gathering powers and engagement with various fixed, mobile and VoIP providers concerning their processes, we have maintained our oversight of compliance with GC4. We have identified a number of potential compliance issues and worked with Communications Providers to resolve these. We have also continued to liaise with the Call Handling Agents to whom emergency calls are routed.

The programme remains a high priority for Ofcom and over the next six months we intend to maintain our focus on compliance through the enhanced monitoring of Communication Providers. Having considered the future direction of the programme, it is our intention to continue the current approach as this has proven effective. We continue to be prepared to use our formal investigative and enforcement powers where we deem it necessary and proportionate to do so.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 - Emergency Calls ("GC4").

Our enhanced monitoring of Communications Providers has continued over the last six months. Using our information gathering powers and engagement with various fixed, mobile and VoIP providers concerning their processes, we have maintained our oversight of compliance with GC4. We have also continued to liaise with the Call Handling Agents to whom emergency calls are routed.

The programme remains a high priority for Ofcom and over the next six months we intend to maintain our focus on compliance through the enhanced monitoring of Communication Providers. It is our intention to continue the current approach as this has proven effective over the last year. We continue to be prepared to use our formal investigative and enforcement powers where we deem it appropriate to do so.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 – Emergency Calls ("GC4").

Over the past six months our more intensive approach to monitoring compliance with the Caller Location Information requirements of GC4 has provided us with further insight into the compliance of the major Communications Providers and the industry as a whole. While the overall level of compliance across the industry remains high, we have held discussions with all major fixed-line Communications Providers regarding their processes for complying with GC4 as well as a number of other Communications Providers in the fixed, mobile and VoIP sectors.

We plan to continue our intensive approach to monitoring compliance over the next six months in order to identify and eliminate common causes of location information discrepancies. As previously stated, we will continue to use our formal investigation and enforcement powers as appropriate.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 – Emergency Calls ("GC42).

Over the past six months we have put in place more intensive monitoring of compliance with the Caller Location Information requirements of GC4 and we have used our formal powers to collect data from the major communications providers and from the Call Handling Agents on a monthly basis. We have also held discussions with several providers on compliance issues; however the overall level of compliance across industry remains high and improving.

We launched a separate formal investigation into TalkTalk Group’s compliance (see http://webarchive.nationalarchives.gov.uk/20160702162827/http://stakeholders.ofcom.org.uk/enforcement/competition-bulletins/closed-cases/all-closed-cases/cw_01068/) which resulted in our issuing of a Notification under section 94 of the Communications Act 2003.

We have also written to over 300 fixed, mobile and VoIP providers to remind them of their obligations under GC4 and to inform them of the recent changes that have been made to the wording of GC4 as a result of changes to the underlying EU Directives.
We intend to continue our more intensive monitoring of compliance over the next six months. As previously stated, we will not hesitate to use our formal investigation and enforcement powers if necessary.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 – Emergency Calls ("GC4").

In the past six months we have actively engaged with a large number of VoIP providers regarding their emergency calling procedures. We have also reacted quickly to resolve any issues that have arisen in fixed or mobile networks in this period, although no formal investigations have been required.

This approach of actively monitoring data gathered from across the industry to identify any cases of potential non-compliance with GC4 will be continued over the next six months. As before, we will not hesitate to use our formal investigation and enforcement powers if necessary.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 – Emergency Calls ("GC4").

The number of cases of potential non-compliance has remained low over the past six months, however we have held discussions with a number of fixed, mobile and VoIP providers regarding their approach to compliance.

Over the next six months we intend to continue our active monitoring of data gathered from across the industry to identify any cases of potential non-compliance with GC4. We expect to continue to take our approach of using informal enquiries to resolve issues, but will not hesitate to use our formal investigation and enforcement powers where appropriate.

Ofcom has extended for a further six months its enforcement programme looking at compliance with General Condition 4 – Emergency Calls ("GC4").

We have actively monitored data and gathered information from across the industry (fixed, mobile and VoIP) to identify any cases of potential non-compliance with GC4. A key aspect of the enforcement programme has been to ensure that VoIP providers are ensuring their customers can call the emergency services. While the number of cases of potential non-compliance remains low, the number of calls to the emergency services using VoIP has grown by 43% during the course of the programme.

Over the past six months, where we have identified issues which needed addressing, these have been resolved to our satisfaction and we therefore did not need to open any specific investigations. We will continue this approach over the next six months.

We will also continue to monitor technological developments within the industry, as these may have implications on provision of emergency access and location information.

Ofcom has extended for a further six months its enforcement programme into compliance with General Condition 4 – Emergency Calls ("GC4").

Following the previous extension of the GC4 enforcement programme in March 2009 which focused on fixed line and voice over internet protocol (VoIP) providers, Ofcom has continued to gather compliance data from communications providers, issuing 80 information requests using our formal powers. This exercise has revealed a high level of compliance across the industry from both fixed-line and VoIP providers. Where necessary, we have entered into further dialogue with companies on compliance arrangements.

Discussions such as these have led to major VoIP operators enabling emergency calling, and the number of emergency calls made from VoIP services continues to increase steadily.

Under the extended programme we will continue to gather information and evidence from fixed, VoIP, and now mobile, providers, network operators and Call Handling Agents (who pass calls to the emergency services) in order to actively monitor compliance with GC4. We will also seek to clarify how the regulations apply to new and emerging technologies and will be working with providers to establish requirements and best practice as appropriate.

Ofcom continues to consider this programme to be a high priority. We may initiate separate investigations of named providers if we deem that formal action may be necessary. However, we may also move directly to take enforcement action under this programme. In either case, Ofcom will announce its action via an update to this Competition and Consumer Enforcement Bulletin entry.

Ofcom has extended for a further six months its enforcement programme into VoIP providers’ compliance with General Condition 4 – Emergency Call Numbers (“GC4”). The extended programme now also incorporates our continuing work on the compliance of fixed-line operators with GC4. Background information on our previous fixed-line enforcement programme can be found in the related items section.

Since the enforcement programme focusing on VoIP providers was opened in September 2008 Ofcom has gathered compliance data from a large number of companies using our formal powers. We have also discussed compliance arrangements with a number of companies and held discussions with the two main Call Handling Agents (who pass calls to the emergency services) on their processes for handling VoIP calls.

During the extended programme we will continue to collect information and evidence from fixed-line and VoIP providers, network operators and Call Handling Agents in order to actively monitor compliance. We will also seek to raise awareness of the industry best practice which was recently incorporated into the 999 Liaison Committee’s ‘Code of Practice for Public Electronic Communication Services’.

This programme remains a high priority for Ofcom. Ofcom may initiate separate investigations of named providers which will be announced via Ofcom’s Competition and Consumer Enforcement Bulletin.

However, we may move directly under this programme to take action where, for example, Ofcom has reasonable grounds for believing that a communications provider is contravening GC4. In such cases, Ofcom will announce its action via an update to this Competition Bulletin entry.

From 8 September revisions to General Condition 4 came into force. These revisions mean that VoIP providers who enable their users to make calls to the PSTN (i.e. make calls to telephone numbers) must provide the ability to make “999” and “112” emergency calls. The Network Operator must also provide Caller Location Information for calls to the emergency call numbers, to the extent that is technically feasible. These requirements already apply to fixed line and mobile communications providers. In its policy statement of 5 December 2007 (see related item) Ofcom stated that, in relation to VoIP calls, ‘technically feasible’ should be taken to mean that location information need only be provided where the VoIP service is being used at a predominantly fixed location.

This enforcement programme will collect information and evidence from VoIP providers, network operators and call handling agents (who pass calls through to the emergency services) in order to monitor compliance and take enforcement action if required.

Separately, Ofcom also has an ongoing own-initiative enforcement programme on GC 4 which is looking at Communications Providers operating fixed networks (see related item for more details).