Investigation into Colt Technology Services Group’s compliance with an information request

Following our investigation, Ofcom has today issued a Confirmation Decision to Colt Technology Services Group (‘Colt’) under section 139A of the Communications Act 2003 (‘the Act’) finding that Colt contravened requirements in a statutory information request issued as part of Ofcom’s Wholesale Fixed Telecoms Market Review.

Colt initially responded to our information request with incorrect information, to which Ofcom requested clarification and Colt responded that the information provided was correct. Upon further review, Ofcom became concerned that Colt’s responses may have been missing a significant amount of information and requested further details from Colt; Colt consequently explained that the information provided had been incorrect and undertook to provide the missing information requested. As a result, Colt failed to provide the required information within the stipulated timeframe.

Ofcom and Colt entered into a settlement process and, on 22 September 2021, Colt wrote to Ofcom admitting its liability for the contravention. In light of the evidence and Colt’s admissions, Ofcom is satisfied that Colt contravened section 135(4) of the Act between at least 26 June 2020 and 4 January 2021.

As a result of these findings, Ofcom has imposed a penalty of £15,000 on Colt. The penalty includes a 25% reduction from the penalty Ofcom would otherwise have imposed, as a result of Colt accepting liability and entering into a voluntary settlement with Ofcom.

Ofcom will also publish a non-confidential version of the Confirmation Decision issued to Colt in the next few weeks.

On 29 March 2021 Ofcom opened an investigation into Colt Technology Services Group Limited (‘Colt’) regarding its compliance with an information request notice, issued under section 135 of the Communication Act 2003 (the ‘Act’) as part of Ofcom’s Wholesale Fixed Telecoms Market Review, dated 3 March 2020 (which was temporarily suspended and then reactivated on 1 May 2020) (the ‘Notice’).

Section 135(4) of the Act sets out that a person required to provide information under Section 135 must provide the specified information in such manner and within such reasonable period as may be specified by Ofcom.

Ofcom’s investigation will examine whether there are reasonable grounds for believing that Colt has failed to comply with its duty to provide the information required by the Notice within the deadline set.