Ofcom is proposing to modify the PRS Condition in two ways.
First, Ofcom proposes to extend the definition of ‘Controlled PRS’ (‘CPRS’) to include ‘internet dialler software’ (‘diallers’), irrespective of the call cost or number. Diallers are a form of software that switch the modem setting of the computer that the dialler programme is running on from one particular internet connection to another. Ofcom’s proposals in this document are based on growing evidence of consumer harm arising from ‘rogue’ dialler services using ‘08’ numbers and, in particular, ‘087’ numbers in an attempt to evade the PRS regulatory regime.
In proposing to extend the definition of CPRS to capture diallers, Ofcom does not want to unintentionally capture pay-as-you-go dial up and unmetered dial up internet services. These services provided by Internet Service Providers provide narrowband access to the internet to end-users using a dial-up connection. Ofcom is therefore proposing to exclude pay-as-you-go dial up and unmetered dial up internet services from the definition of internet dialler software set out in Annex 4.
Second, Ofcom has received representations from stakeholders to the effect that the exclusion of ‘Mobile Services’ from the CPRS definition means that Ofcom does not currently regulate PRS accessible via mobile telephones. Ofcom is therefore proposing an amendment to the CPRS definition to avoid any doubt that PRS accessible over mobile telephones are regulated under Ofcom's back-stop powers.