Ofcom Regulations

C7 Switching
This condition aims to protect domestic and small business customers during the process of switching their landline and/or broadband services, either when moving from one communications provider to another, or staying with the same communications provider when moving location, or changing services with the same communications provider.
Scope
C7.1 The provisions of this Condition apply as follows:
(a) Conditions C7.3 – C7.15 apply to any Communications Provider which provides Fixedline Telecommunications Services and/or Broadband Services to Switching Customers when a Communications Provider Migration is taking place within Openreach’s or KCOM’s Access Network; and
(b) Conditions C7.16 – C7.20 apply to any Communications Provider which provides Fixedline Telecommunications Services and/or Broadband Services to Switching Customers when a Migration is taking place within Openreach’s or KCOM’s Access Network.
C7.2 For the purposes of this Condition:
(a) any such Communications Provider is a ‘Regulated Provider’; and
(b) any such Fixed-line Telecommunications Services and/or Broadband Services are ‘Relevant Communications Services’.
Obligations to prevent mis-selling
C7.3 When selling or marketing Relevant Communications Services, the Regulated Provider that is the Gaining Provider must ensure that:
(a) it does not engage in Slamming;
(b) any information it provides to the Switching Customer is accurate and not misleading, including information about:
(i) its Relevant Communications Services;
(ii) the impact on other Relevant Communications Services which the Switching Customer is currently receiving, as a result of buying the Relevant Communications Services being sold or marketed by the Gaining Provider; and
(iii) the impact on the Switching Customer’s existing contractual obligations with other Regulated Providers, as a result of buying the Relevant Communications Services being sold or marketed by the Gaining Provider; and

(c) it asks Switching Customers if they also want the information provided in a Durable Medium and, if they do, the Regulated Provider must provide the information in that form.
Information at point of sale
C7.4 The Regulated Provider that is the Gaining Provider must take all reasonable steps to ensure that before entering into a contract for the provision of Relevant Communications Services, the Switching Customer who is requesting a Communications Provider Migration:
(a) is authorised to do so;
(b) intends to enter into the contract; and
(c) is provided with the information set out below in a clear, comprehensible, prominent and accurate manner, in paper or another Durable Medium which is available or accessible to the Switching Customer or, where the Switching Customer enters into the contract during a sales call, by telephone:
(i) the identity of the legal entity the Switching Customer is contracting with and its telephone, website and/or e-mail contact details; and
(ii) a description of the Relevant Communications Services requested; the key charges; payment terms; the existence of any termination right, termination procedures and the Switching Customer’s right to cancel at no cost from the point of sale to the completion of the Transfer Period; the arrangements for provision of the service, including the order process and, as accurately as possible, the likely date of provision of the service and any Fixed Commitment Period. For the purposes of this provision, key charges include minimum contract charges, any Early Termination Charges and, if the Switching Customer is a Consumer, the Access Charge to be applied by the Regulated Provider for the purpose of calculating the amounts payable by that Switching Customer for calls to Unbundled Tariff Numbers in accordance with Condition B1.
Switching customer’s termination rights
C7.5 Where the Regulated Provider is the Gaining Provider:
(a) when the Switching Customer enters into a contract for the provision of Relevant Communications Services, the Regulated Provider must allow the Switching Customer to terminate the contract from the point of sale to the completion of the Transfer Period without charge or any other form of compensation being required to be given by the Switching Customer to the Regulated Provider; and
(b) the Regulated Provider must have procedures in place to enable the Switching Customer to exercise their right to terminate their contract pursuant to Condition C7.5 without unreasonable effort. These procedures must include the ability to contact the Regulated Provider to terminate the contract by any of the following contact methods:

(i) telephone;
(ii) e-mail;
(iii) post.
Records retention
C7.6 Without prejudice to Condition C7.7, the Regulated Provider that is the Gaining Provider must use reasonable endeavours to create and keep all records regarding the sale of its Relevant Communications Services, for a period of not less than six months. Such records must include the date and approximate time of the contact with the Switching Customer, the means through which the contract was entered into, the place where the contract was entered into, where relevant, and be such as to allow subsequent identification of the salesperson(s) involved and to assist in dealing with any complaint or query.
Record of consent
C7.7 For each contract entered into with a Switching Customer for the provision of Relevant Communications Services, the Regulated Provider that is the Gaining Provider must create and keep individually retrievable records of the following, for a period of not less than twelve months:
(a) a direct record of consent, as provided by the Switching Customer, to:
(i) migrate from the Relevant Communications Services supplied by the Regulated Provider that is the Losing Provider to the Relevant Communications Services supplied by the Gaining Provider; or, as relevant,
(ii) begin acquiring Relevant Communications Services over the Target Line;
(b) a record of the explanation from the Regulated Provider that they are required to create a record of the Switching Customer’s consent;
(c) the name and address of the Switching Customer;
(d) the time, date and means by which the consent in sub-section (a) above was given;
(e) where appropriate, the place where the consent in sub-section (a) above was given and the salesperson(s) involved;
(f) the Target Address; and
(g) where appropriate, the Calling Line Identification of the Target Line.
C7.8 The Regulated Provider that is the Gaining Provider shall keep the records in accordance with Condition C7.7 irrespective of whether the contract for the provision of the Relevant Communications Services is cancelled or terminated within the minimum twelve-month period specified in Condition C7.7.

Notification letters
C7.9 When a Switching Customer enters into a contract for the provision of Relevant Communications Services, the Regulated Provider that is the Gaining Provider must send that Switching Customer a letter. The letter shall set out in clear and intelligible terms:
(a) the date of the letter;
(b) that the Switching Customer is transferring their Relevant Communications Services;
(c) all Relevant Communications Services that will be transferred;
(d) where relevant, the Calling Line Identification of all Relevant Communications Services that will be transferred;
(e) a reasonable estimate of the Migration Date;
(f) the right of the Switching Customer to terminate the contract as set out in Condition C7.5, the means by which the right to terminate can be exercised and the date by which the right to terminate must be exercised; and
(g) relevant contact details.
C7.10 The Regulated Provider that is the Losing Provider must, in accordance with the industry agreed process, send the Switching Customer a letter. The letter shall set out in clear, intelligible and neutral terms:
(a) the date of the letter;
(b) that the Switching Customer is transferring their Relevant Communications Services;
(c) all Relevant Communications Services that will be transferred;
(d) where relevant, the Calling Line Identification of all Relevant Communications Services that will be transferred;
(e) all Relevant Communications Services or other types of services provided by the Losing Provider that the Losing Provider reasonably expects to be directly or indirectly affected by the transfer;
(f) all Relevant Communications Services provided by the Losing Provider that the Losing Provider reasonably expects to remain unaffected by the transfer;
(g) a reasonable estimate of the Migration Date; and
(h) relevant contact details.
C7.11 Where a contract is entered into with a Switching Customer for the provision of Relevant Communications Services, the letter sent by the Regulated Provider that is the Losing Provider in accordance with Condition C7.10 shall, in addition to the information listed therein, set out in clear, intelligible and neutral terms:

(a) an explanation that the transfer will automatically take effect on the Migration Date and that no contact is required with the Regulated Provider that is the Losing Provider to cancel their existing service;
(b) an explanation that after the transfer, the Switching Customer will receive a final Bill including any Early Termination Charge that is due;
(c) an explanation of the applicable Early Termination Charge as set out in the contract;
(d) the means by which the Early Termination Charge must be paid;
(e) the amount of the Early Termination Charge due at the estimated Migration Date; and
(f) where applicable, the impact of the transfer on the prices of all continuing Relevant Communications Services.
C7.12 The letters under Conditions C7.9 to C7.11 must be sent in paper or another Durable Medium. Such letters must be sent by normal post, unless the Switching Customer has explicitly agreed to receive correspondence electronically, such as through verbal consent in a call or through electronic confirmation when ordering online.
Simultaneous transfers
C7.13 Where the Regulated Provider is a Gaining Provider which elects to co-ordinate a Communications Provider Migration on behalf of a Switching Customer who has requested a transfer of Broadband and Fixed-line Telecommunications Services to be provided by it over the same line, it shall ensure that, as applicable, an order is submitted to Openreach or to KCOM, where available, for the simultaneous transfer with minimal loss of service of both Relevant Communications Services.
C7.14 Where the Regulated Provider is a Gaining Provider which elects to co-ordinate a Communications Provider Migration, on behalf of a Switching Customer, and which does not involve a change of the location where the Relevant Communications Services are supplied:
(a) both the Gaining Provider and the Regulated Provider that is the Losing Provider shall comply with the provisions of Annex 1 to this Condition;
(b) both the Gaining Provider and the Regulated Provider that is the Losing Provider shall ensure that the Switching Customer is not required to make contact with the Losing Provider in order for a Communications Provider Migration to be put into effect;
(c) the Regulated Provider that is the Losing Provider shall not require, in particular, the granting of consent by it, nor the provision of any information by it to the Switching Customer, in order for a Communications Provider Migration to be put into effect.
C7.15 Where the Regulated Provider is a Gaining Provider which elects to carry out a Working Line Takeover within Openreach’s or KCOM’s Access Network (as applicable) pursuant to a Home-Move Request, it shall comply with the provisions of Annex 2 to this Condition.

Other migrations of broadband services
C7.16 In relation to Migrations of Broadband Services not falling within the scope of Condition C7.14, Regulated Providers shall:
(a) facilitate the Migration (or where applicable, connection) of the Broadband Service in a manner that is fair and reasonable;
(b) ensure that the Migration (or where applicable, connection) of the Broadband Service is carried out within a reasonable period; and
(c) ensure that the Migration (or where applicable, connection) of the Broadband Service is carried out with minimal loss of the Broadband Service.
General requirements
Responsibility
C7.17 Where Regulated Providers engage representatives or agents, they shall procure that such representatives or agents comply with the requirements of this Condition.
Training
C7.18 Regulated Providers must ensure that their staff or any representatives of any agency engaged by them, are appropriately trained to comply with this Condition.
Monitoring
C7.19 Regulated Providers must monitor, including conducting regular audits, their compliance with this Condition, including compliance on their behalf by any representatives or agency engaged by them, and take appropriate steps to prevent the recurrence of any problem(s) identified.
Publication of information
C7.20 Regulated Providers must:
(a) publish a copy of Condition C7, or a link to a copy of Condition C7, published on Ofcom’s website, in an easily accessible and reasonably prominent manner on their website or, where there is no such website, in such manner and form as directed by Ofcom; and
(b) provide a copy of Condition C7 to the Switching Customer free of charge upon reasonable request.

Annex 1 to Condition C7

Notification of transfer
1 Where a Gaining Provider elects to co-ordinate a Communications Provider Migration on behalf of a Switching Customer who has requested to transfer to a Relevant Communications Service supplied by it, that Gaining Provider shall, within a reasonable time, ensure a Transfer Order is placed.
Cancel other
2 The Losing Provider shall only be permitted to use Cancel Other in the following circumstances:
(a) where Slamming has occurred;
(b) at the Switching Customer’s request, where the Gaining Provider has failed to cancel the Transfer Order after being directed by the Customer to do so (‘Failure to Cancel’);
(c) where the telephone line is or will be, ceased during the Transfer Period (‘Line Cease’);
(d) for other specified reasons not related to a Switching Customer’s request to cancel a transfer, as agreed by the relevant industry forum and approved by Ofcom; and
(e) in such other circumstances as directed by Ofcom.
3 Before using Cancel Other in cases of Slamming and/or Failure to Cancel, the Losing Provider shall take reasonable steps to establish that Slamming and/or Failure to Cancel has actually taken place.
4 After using Cancel Other, the Losing Provider shall confirm the cancellation of the order by Durable Medium to the Switching Customer, unless this is not possible or appropriate, including where the Switching Customer is deceased.
5 The Losing Provider shall record its reasons for using Cancel Other in each case, selecting the appropriate reason code from a list corresponding to permitted use of Cancel Other and consistent with one of the circumstances (a) to (d) set out below, as agreed by the industry and approved by Ofcom:
(a) where the Switching Customer has never contacted, or has never been contacted by, the Gaining Provider;
(b) where the Switching Customer has contacted, or has been contacted by, the Gaining Provider, but has not given the Gaining Provider authorisation to transfer some or all of their Relevant Communications Services;

(c) where the Switching Customer has agreed to purchase a product or service from the Gaining Provider and the Gaining Provider has submitted an order for a different product or service which the Switching Customer has not agreed to purchase; or
(d) where the Switching Customer has agreed to transfer some or all of their Relevant Communications Services to the Gaining Provider having understood as a result of a deliberate attempt by the Gaining Provider to mislead, that they are making an agreement with a different Regulated Provider.

Annex 2 to Condition C7
[See Condition C7.15]
Working line takeovers
1 Subject to paragraphs 2 and 3 of this Annex, where a Regulated Provider that is a Gaining Provider elects to carry out a Working Line Takeover pursuant to a Home-Move Request that Gaining Provider shall ensure a Working Line Takeover Order is placed.
Asset identification
2 Before a Working Line Takeover Order is placed, a Gaining Provider shall take reasonable steps, having regard to industry best practice, to identify the Target Line.
3 A Gaining Provider may only place a Working Line Takeover Order if it has identified an exact match for the Target Line.
Notification letter
4 After being notified of the Working Line Takeover Order, the Incumbent Communications Provider shall send the Incumbent Switching Customer a letter, in accordance with the industry agreed process, in paper or another Durable Medium, which clearly sets out:
(a) the date of the letter;
(b) a notification that an Inbound Switching Customer wants to take over the Target Line;
(c) all Relevant Communications Services directly affected by the Working Line Takeover;
(d) where relevant, the Calling Line Identification of all Relevant Communications Services that are directly affected;
(e) the expected Migration Date;
(f) that the Incumbent Switching Customer should notify the Incumbent Communications Provider if that Incumbent Switching Customer is not moving out of the Target Address or expects to move at a later date than the expected Migration Date; and
(g) the relevant contact details.
5 The letter must be sent by post, unless the Switching Customer has explicitly agreed to receive correspondence electronically, such as through verbal consent in a call or through electronic confirmation when ordering online.

C8 Sales and marketing of mobile communications services
This condition aims to protect domestic and small business customers by ensuring communications providers observe certain obligations when selling and marketing their mobile call and text services. It also requires communications providers to put in place certain minimum standard provisions in respect of the sales and marketing behaviour of their retailers.
Scope
C8.1 This Condition applies to any Communications Provider which provides a Mobile Communications Service to Domestic and Small Business Customers, including any SMS service sold as part of the package, except that Conditions C8.4(b)(iii), C8.5 and C8.7 to C8.11 do not apply to Prepaid Mobile Services and SIM Only Contracts. For the purposes of this Condition:
(a) each of these Communications Providers is a ‘Regulated Provider’;
(b) any such Mobile Communications Services are ‘Relevant Mobile Services’; and
(c) any such Domestic and Small Business Customers are ‘Relevant Customers’.
Obligations to prevent mis-selling
C8.2 When selling or marketing Relevant Mobile Services, Regulated Providers must ensure that:
(a) any information they provide to Relevant Customers is accurate and not misleading; and
(b) they ask Relevant Customers if they also want the information to be provided in a Durable Medium and, if they do, Regulated Providers must provide the information in that form.
Publication of relevant obligations
C8.3 Regulated Providers must:
(a) publish a comprehensive summary of their obligations under Condition C8 in an easily accessible and reasonably prominent manner on their website or, where there is no such website, in such manner and form as directed by Ofcom; and
(b) provide a copy of Condition C8 to a Relevant Customer free of charge upon reasonable request.
Obligation with regards to mobile service retailers
C8.4 Where the Regulated Provider contracts with or appoints a Mobile Service Retailer directly in order to sell or market the Regulated Provider’s Relevant Mobile Services it must ensure, and where a third party acting on behalf of the Regulated Provider contracts with or

appoints a Mobile Service Retailer in order to sell or market the Regulated Provider’s Relevant Services, the Regulated Provider must use reasonable endeavours to ensure, that:
(a) the Mobile Service Retailer is aware of Condition C8;
(b) provisions are in place which require the Mobile Service Retailer to ensure that:
(i) any information it provides to Relevant Customers is accurate and not misleading;
(ii) it asks Relevant Customers if they also want the information to be provided in a Durable Medium and, if they do, the Mobile Service Retailer must provide the information in that form; and
(iii) it creates and keeps records about the sale of the Regulated Provider’s Relevant Mobile Services for a period of not less than six months and, where applicable, about a related sales incentive as referred to in Condition C8.11, for a period of not less than ninety days after the date by which this sales incentive has to be fully redeemed, but not less than six months;
(c) the Regulated Provider monitors the Mobile Service Retailer’s compliance with the provisions referred to in Condition C8.4(b); and
(d) non-compliance by the Mobile Service Retailer with the provisions referred to in Condition C8.4(b) is appropriately sanctioned by the Regulated Provider.
Relevant mobile service – information at point of sale
C8.5 Regulated Providers must use reasonable endeavours to ensure that before entering into or amending a contract for a Relevant Mobile Service, a Relevant Customer:
(a) is authorised to do so;
(b) intends to enter into this contract; and
(c) is provided with the information set out below in a clear, comprehensible and accurate manner in a Durable Medium which is available or accessible to the Relevant Customer or, where the Relevant Customer enters into or amends the contract during a sales call, by telephone:
(i) the identity of the legal entity the Relevant Customer is contracting with; its address and telephone, fax and/or e-mail contact details; and
(ii) a description of the Relevant Mobile Service; the key charges; payment terms; the existence of any termination right, including termination procedures; the likely date the Relevant Mobile Service will be provided, in case the provision of the Relevant Mobile Service is not immediate; and any Fixed Commitment Period. For the purposes of this provision, key charges include minimum contract charges, any Early Termination Charges and, if the Relevant Customer is a Consumer, the Access Charge to be applied by the Regulated Provider for the purpose of

calculating the amounts payable by that Relevant Customer for calls to Unbundled Tariff Numbers in accordance with Condition B1.
Where the Relevant Customer enters into a contract during a sales call, in addition to the oral provision of this information the Regulated Provider must use reasonable endeavours to ensure that this information is sent to the Relevant Customer in good time following the call in a Durable Medium.
Provision of relevant mobile services
C8.6 Regulated Providers must ensure that the Relevant Mobile Services that they have contracted with each Relevant Customer to provide are available to each Relevant Customer to receive.
Records retention
C8.7 Where the Regulated Provider acts as a Mobile Service Retailer, it must create and keep records about the sale of its Relevant Mobile Services for a period of not less than six months and, where applicable, about a related sales incentive as referred to in Condition C8.11, for a period of not less than ninety days after the date by which this sales incentive has to be fully redeemed, but not less than six months. Such records must include the date of the sale, the means through which the contract was entered into and the place where the contract was entered into, where applicable.
Training
C8.8 Regulated Providers must use reasonable endeavours to ensure that processes are in place which ensure that a Mobile Service Retailer is appropriately trained to comply with Condition C8.
Due diligence
C8.9 Where the Regulated Provider contracts with or appoints a Mobile Service Retailer directly in order to sell or market the Regulated Provider’s Relevant Mobile Services it must ensure that, and where a third party acting on behalf of the Regulated Provider contracts with or appoints a Mobile Service Retailer in order to sell or market the Regulated Provider’s Relevant Mobile Services the Regulated Provider must use reasonable endeavours to ensure that, it, or a person acting on its behalf, carries out and retains a record of the following minimum procedures with regards to any Mobile Service Retailer, contracted or appointed to sell or market the Regulated Provider’s Relevant Mobile Services:
(a) a credit reference search and check that the Mobile Service Retailer does not have a history of failing to meet its financial undertakings to creditors;
(b) a check that any director of a Mobile Service Retailer concerned has not been subject to a period of disqualification from acting as a director, or has not been a director of a third party that has filed for bankruptcy or gone into administration; and

(c) appropriate checks to ensure that any due diligence information referred to in Condition C8.9 remains up-to-date and relevant.
These procedures must be carried out before contracting with or appointing the Mobile Service Retailer.
Use of information for the purpose of monitoring compliance
C8.10 Where a Regulated Provider acquires information from a Mobile Service Retailer for the purpose of monitoring compliance with this Condition, the Regulated Provider shall use that information solely for the purpose for which it was supplied and keep the information confidential. For the avoidance of doubt, the Regulated Provider shall not pass the information on to any other party (including its subsidiaries or partners) for whom such information could provide a competitive advantage.
Sales incentives – information at point of sale
C8.11 Regulated Providers must use reasonable endeavours to ensure that where a Mobile Service Retailer offers to a Relevant Customer a sales incentive, from which the Relevant Customer does not benefit immediately and which the Relevant Customer is entitled to receive after entering into the contract for the Relevant Mobile Service, the terms and conditions of such an offer are not unduly restrictive and that a Relevant Customer is provided with the following information in a clear, comprehensible and accurate manner in a Durable Medium or, where the sales incentive offer is made during a sales call, by telephone:
(a) the identity of the legal entity which makes the sales incentive offer and undertakes to meet the obligation(s) tied to this offer; its address; and telephone, fax and/or e-mail contact details;
(b) a description of the sales incentive itself; and
(c) the terms and conditions of the sales incentive, including a detailed and clear explanation as to the process the Relevant Customer has to follow to obtain the sales incentive.
C8.12 Where the sales incentive offer is made during a sales call, in addition to the oral provision of this information, the Regulated Provider must use reasonable endeavours to ensure that this information is sent to the Relevant Customer in good time following the call in a Durable Medium.

Definitions

‘Access Charge’ means a rate set by a Communications Provider in accordance with Condition B1.22 in respect of the retail and origination of a call to an Unbundled Tariff Number and its conveyance up to and including the Assumed Handover Point for the purpose of calculating the amount payable by a Consumer for making such a call;
‘Access Charge Element’ means, in respect of a call to an Unbundled Tariff Number retailed to a Consumer:
(a) the amount produced by multiplying the Access Charge applicable to that Consumer by the length of the call, in accordance with Condition B1.24; or
(b) where Condition B1.27 applies, zero;
‘Access Network’ means the Electronic Communications Network which runs from a local access node to a Network Termination Point on an End-User’s premises and which supports the provision of copper-based access services and fibre-based access services to End-Users. In the case of KCOM, this means the Access Network in the Hull Area;
‘Act’ means the Communications Act 2003;
‘Additional Conveyance Costs’ means any costs incurred by the Donor Provider associated with resources used in:
(a) effecting the switch-processing required to set up each ported call; and
(b) providing the switch and transmission capacity for any part of the duration of each ported call,
additional to the costs of conveyance of non-ported calls from the Donor Provider’s network to the Recipient Provider’s network;
‘Adopt’ and ‘Adoption’ (and cognate expressions) mean doing any of the following by a Communications Provider in relation to an Allocated Telephone Number (whether or not such Allocation is to that Communications Provider):
(a) assigning or transferring that number to a particular Customer or piece of Apparatus;
(b) using that Telephone Number for identifying a service or route used by that Communications Provider or by any of its Customers;
(c) using that Telephone Number for identifying a communication as one to be transmitted by that Communications Provider;
(d) designating that Telephone Number for use in selecting a service or the required elements or characteristics of a service; or
(e) authorising the use of that Telephone Number by others for any of the following purposes:
(i) identifying the destination for, or recipient of, an Electronic Communication;
(ii) identifying the origin, or sender, of an Electronic Communication;
(iii) identifying the route for an Electronic Communication;
(iv) identifying the source from which an Electronic Communication or Electronic Communications Service may be obtained or accessed;
(v) selecting the service that is to be obtained or accessed, or required elements or characteristics of that service; or
(vi) identifying the Communications Provider by means of whose network or service an Electronic Communication is to be transmitted, or treated as transmitted;
‘ADR Letter’ means a notification issued from a Communication Provider to a Complainant concerning the Complainant’s right to take their Complaint to an ADR Scheme;
‘ADR Scheme’ has the same meaning as ‘Alternative Dispute Resolution (ADR) Scheme’;
‘Affiliated Company’ means any subsidiary or holding company of the Communications Provider, or any subsidiary of a holding company of the Communications Provider, all as defined in section 1159 of the Companies Act 2006;
‘Allocate’ and ‘Allocation’ (and cognate expressions), in relation to a Telephone Number, mean allocation by Ofcom;
‘Alternative Dispute Resolution (ADR) Scheme’ means any dispute procedures approved by Ofcom under section 54 of the Act for the resolution of disputes in relation to any Complaints between a Communications Provider and its Domestic and Small Business Customers;
‘Annual Number Charge’ means a charge invoiced by Ofcom to a Communications Provider in respect of a Charging Year, which is calculated in accordance with Condition B1.14;
‘Apparatus’ includes any equipment, machinery or device and any wire or cable and the casing or coating for any wire or cable;
‘Appropriate Network’ means an Electronic Communications Network by means of which Public Electronic Communications Services are provided that are used by a significant number of EndUsers as their principal means of receiving television programmes. For the purposes of this definition an Electronic Communications Network is not an Appropriate Network in relation to so much of a channel or other service as is provided only for a particular area or locality of the United Kingdom unless it is a network by means of which Electronic Communications Services are provided to persons in that area or locality;
‘Approval’ means an approval granted by an Approval Body confirming that a Communications Provider’s Total Metering and Billing System is compliant with the standards specified by Ofcom in a direction issued under Condition C3.4;
‘Approval Body’ means each of Tüv Süd Babt Unlimited, the British Standards Institution (BSI) and Enigma QPM Limited;
‘Approved Apparatus’ means, in relation to any network, Apparatus which meets the appropriate essential requirements of regulation 4 of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (S.I. 2000/730);
‘Assumed Handover Point’ means the point of interconnection nearest to the origination of a call to an Unbundled Tariff Number at which the call may be handed over to the Electronic Communications Network of another Communications Provider for conveyance. For these purposes, where the call is routed via a Transit Network, the Assumed Handover Point is deemed to be the nearest point of ingress from the Electronic Communications Network on which the call originates to that Transit Network;
‘Average Industry Utilisation Rate’ means the weighted average utilisation rate of Specified Geographic Numbers for the industry as calculated by Ofcom and notified to Communications Providers prior to the first Charging Year;
‘Bill’ means the information issued, or made available, by a Communications Provider to an EndUser about the charges levied and due for payment or the debits and credits applied to an EndUser’s account;
‘Broadband Service’ means all DSL (including FTTC) services which are capable of supporting alwayson services that provide data at speeds greater than a dial-up connection, excluding services provided over a Cable Network;
‘BT’ means BT Group plc;
‘BT Average Utilisation Rate’ means the average utilisation rate of Specified Geographic Numbers Allocated to BT as calculated by Ofcom and notified to BT prior to the first Charging Year;
‘Cable Network’ means a hybrid fibre-coax Electronic Communications Network that uses a combination of optical fibres and coaxial cable;
‘Caller Location Information’ means any data or information processed in an Electronic Communications Network indicating the geographic position of the terminal equipment of a person initiating a call;
‘Calling Line Identification’ means data that enables identification of the number from which a call could be made or to which a return call could be made;
‘Calling Line Identification Facilities’ means facilities which enable the Telephone Number of a calling party to be presented to the called party prior to a call being established;
‘Cancel Other’ means the industry term for a functionality that enables the Losing Provider to cancel, during the Transfer Period, wholesale orders placed by the Gaining Provider;
‘Carrier Pre-Selection’ or ‘CPS’ means a facility which allows a Customer of a Publicly Available Telephone Service to select a provider designated in advance to apply on every occasion where no other providers have been pre-selected for the use of a Telephone Number;
‘Cell Identification’ means the geographic coordinates of the cell which is hosting the call;
‘Charging Year’ means the 12 month period beginning on 1 April and ending on 31 March (excluding 29 February in any leap year), and the first Charging Year shall be 1 April 2013 to 31 March 2014;
‘CLI Data’ means the contents of all signalling messages which can be used between Communications Providers and/or between Communications Providers and End-Users to signal the origin of the call and/or the identity of the calling party, including any associated privacy markings;
‘Click to Call Service’ means a service which may be selected on a web-site or other application by an End-User and which connects the End-User only to a number or a limited set of numbers preselected by the Communications Provider or an End-User;
‘Communications Provider’ means a person who (within the meaning of section 32(4) of the Act) provides an Electronic Communications Network or an Electronic Communications Service;
‘Communications Provider Average Utilisation Rate’ means the average utilisation rate of Specified Geographic Numbers Allocated to the relevant Communications Provider as calculated by Ofcom and notified to the Communications Provider prior to the first Charging Year;
‘Communications Provider Migration’ means a process by which a Switching Customer transfers from a Fixed-line Telecommunications Service and/or a Broadband Service supplied by one Communications Provider operating on Openreach’s or KCOM’s Access Network to a Fixed-line Telecommunications Service and/or a Broadband Service provided by another Communications Provider operating on Openreach’s or KCOM’s Access Network;
‘Complainant’ means a Domestic or Small Business Customer who makes a Complaint to a Communications Provider;
‘Complaint’ means:
(a) an expression of dissatisfaction made by a Domestic or Small Business Customer to a Communications Provider related to either:
(i) the Communications Provider’s provision of Public Electronic Communications Services to that Domestic or Small Business Customer;
(ii) the complaint-handling process itself; or
(iii) the level of customer service experienced by the Domestic or Small Business Customer; and
(b) where a response or resolution is explicitly or implicitly expected;
‘Complaints Handling Procedures’ means procedures for the handling of Complaints that Communications Providers must have and comply with pursuant to Condition C4.2(a);
‘Condition’ means a Condition in this Schedule;
‘Consumer’ means any natural person who uses or requests a Public Electronic Communications Service for purposes which are outside his or her trade, business or profession;
‘Consumer Panel’ means the panel established under section 16(2) of the Act;
‘Controlled Premium Rate Service’ or ‘CPRS’ has the meaning set out in the condition11 issued by Ofcom under section 120 of the Act;
‘Core Subscription Price’ means the sum (however expressed in the contract) that the Subscriber is bound to pay to a Communications Provider at regular intervals for services and/or facilities the Communications Provider is bound to provide in return for that sum. It does not include sums payable for additional services or facilities (or the additional use of services or facilities) that the Subscriber is only liable to pay for if the additional service or facility is used;
‘Customer’, in relation to a Communications Provider, means the following (including any of them whose use or potential use of the network or service is for the purposes of, or in connection with, a business):
(a) the persons to whom the network or service is provided in the course of any business carried on as such by the Communications Provider;
(b) the persons to whom the Communications Provider is seeking to secure that the network or service is so provided;
(c) the persons who wish to be so provided with the network or service, or who are likely to seek to become persons to whom the network or service is so provided;
‘Customer Complaints Code’ means a code of practice containing relevant information about how Complaints from Domestic and Small Business Customers are handled and how, and when, Complainants can take their unresolved Complaints to an ADR Scheme;
‘Digital Subscriber Line’ or ‘DSL’ means a family of technologies generically referred to as DSL, or xDSL, capable of transforming ordinary phone lines (also known as ‘twisted copper pairs’) into high speed digital lines;
‘Directory’ means a printed document containing Directory Information on Subscribers of Publicly Available Telephone Services in the United Kingdom which is made available to members of the public;
‘Directory Enquiry Facility’ means Directory Information provided by means of a Public Electronic Communications Network;
‘Directory Information’ means, in the case of a Directory, the name and address of the Subscriber and the Telephone Number assigned to the Subscriber for their use of Publicly Available Telephone Services and, in the case of a Directory Enquiry Facility, shall be either such a Telephone Number of the Subscriber or information that such a Telephone Number of the Subscriber may not be supplied;
‘Domestic and Small Business Customer’ and ‘Domestic or Small Business Customers’ mean, in relation to a Communications Provider, a Customer of that Provider who is neither:

(a) himself a Communications Provider; nor
(b) a person who is such a Customer in respect of an undertaking carried on by him for which more than ten individuals work (whether as employees or volunteers or otherwise);
‘Donor Provider’ means a Communications Provider whose Subscriber Numbers are in the process of being, or have been passed or ported to a Recipient Provider;
‘Durable Medium’ means paper or email, or any other medium that:
(a) allows information to be addressed personally to the recipient;
(b) enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information; and
(c) allows the unchanged reproduction of the information to be stored;
‘Early Termination Charge’ means any charge payable by a Subscriber for the termination of a contract before the end of a Fixed Commitment Period;
‘eCall’ has the meaning set out in Article 2(h) of the Commission Delegated Regulation (EU) 305/2013 of 26 November 2012 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to harmonised provision for an interoperable EU-wide eCall;
‘Electronic Communication’ means a communication for transmission by means of an Electronic Communications Network;
‘Electronic Communications Network’ means:
(a) a transmission system for the conveyance, by the use of electrical, magnetic or electromagnetic energy, of signals of any description; and
(b) such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals:
(i) Apparatus comprised in the system;
(ii) Apparatus used for the switching or routing of the signals; and
(iii) software and stored data;
‘Electronic Communications Service’ means a service consisting in, or having as its principal feature, the conveyance by means of an Electronic Communications Network of signals, except in so far as it is a content service;
‘Emergency Organisation’ means in respect of any locality:
(a) the relevant public police, fire, ambulance and coastguard services for that locality; and
(b) any other organisation, as directed from time to time by Ofcom as providing a vital service relating to the safety of life in emergencies;
‘End-User’, in relation to a Public Electronic Communications Service, means:
(a) a person who, otherwise than as a Communications Provider, is a Customer of the provider of that service;
(b) a person who makes use of the service otherwise than as a Communications Provider; or
(c) a person who may be authorised, by a person falling within paragraph (a), so to make use of the service;
‘Express Consent’ means the express agreement of a Customer to contract with a Communications Provider in relation to each Fixed Commitment Period, where the Communications Provider has obtained such consent separately for each Fixed Commitment Period in a manner which has enabled the Customer to make an informed choice;
‘Failure to Cancel’ means failure by the Gaining Provider to cancel a transfer, after a request from the Switching Customer during the Transfer Period;
‘Fault Repair Service’ means a service consisting of such repair, maintenance, adjustment or replacement of any part of the Communications Provider’s Electronic Communications Network, or such repair or adjustment of any connected or connectable network, or such repair or replacement for any Apparatus for which the Communications Provider has undertaken the responsibility for repair and maintenance, as is necessary to restore and maintain a sufficient service;
‘Fibre-To-The-Cabinet’ or ‘FTTC’ means an Access Network consisting of optical fibre extending from the local access node to the street cabinet;
‘Fixed Commitment Period’ means a period beginning on the date that contract terms agreed by a Communications Provider and a Subscriber take effect and ending on a date specified in that contract, and during which the Subscriber is required to pay for services and facilities provided under the contract and the Communications Provider is bound to provide them and in respect of which the Subscriber may be required to pay a charge to terminate the contract;
‘Fixed-line Telecommunications Service’ means Narrowband calls and lines services that allow for the transfer of speech communications, and other forms of communications such as facsimile and data;
‘Framework Directive’ means Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services;
‘Gaining Provider’ means:
(a) the Communications Provider to whom a Switching Customer is transferring; or
(b) the Communications Provider to whom an Inbound Switching Customer makes a HomeMove Request;
‘Geographic Area Code’ has the meaning set out in the National Telephone Numbering Plan;
‘Geographic Number’ has the meaning set out in the National Telephone Numbering Plan;
‘Home-Move Request’ means a request by an Inbound Switching Customer to begin acquiring a Fixed-line Telecommunications Service and/or a Broadband Service supplied by a Communications Provider operating on Openreach’s or KCOM’s Access Network over the Target Line;
‘Hull Area’ means the area defined as the “Licensed Area” in the licence granted on 30 November 1987 by the Secretary of State under section 7 of the Telecommunications Act 1984 to Kingston upon Hull City Council and Kingston Communications (Hull) plc (which became KCOM Group PLC in 2007);
‘Inbound Switching Customer’ means a Switching Customer who is moving into a Target Address;
‘Incumbent Communications Provider’ means the Communications Provider who supplies a Fixedline Telecommunications Service and/or a Broadband Service on Openreach’s or KCOM’s Access Network to the Incumbent Switching Customer over the Target Line;
‘Incumbent Switching Customer’ means the Switching Customer who is residing in the Target Address;
‘Interconnection’ means the linking (whether directly or indirectly by physical or logical means, or by a combination of physical and logical means) of one Public Electronic Communications Network to another for the purpose of enabling the persons using one of them to be able:
(a) to communicate with users of the other one; or
(b) to make use of services provided by means of the other one (whether by the provider of that network or by another person);
‘KCOM’ means KCOM Group plc;
‘Losing Provider’ means the Communications Provider from whom a Switching Customer is transferring;
‘Metallic Path Facility’ or ‘MPF’ means a circuit comprising a pair of twisted metal wires between a Customer’s premises and a main distribution frame in a local access node that employs electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy to convey Signals when connected to an Electronic Communications Network;
‘Migration’ means:
(a) the process by which a Switching Customer transfers from a Fixed-line Telecommunications Service and/or a Broadband Service to another Fixed-line Telecommunications Service and/or Broadband Service;
(b) a Communications Provider Migration;
(c) the process by which a Switching Customer transfers from a Fixed-line Telecommunications Service and/or a Broadband Service supplied by a Communications Provider operating on Openreach’s or KCOM’s Access Network at one location to a Fixedline Telecommunications Service and/or a Broadband Service supplied by the same Communications Provider at a different location;
‘Migration Date’ means the date on which the transfer of a Fixed-line Telecommunications Service and/or a Broadband Service or takeover of the Target Line will be effected, at which point the Switching Customer’s Fixed-line Telecommunications Service and/or Broadband Service will commence being provided to the Switching Customer by a different Communications Provider operating on Openreach’s or KCOM’s Access Network or at a different location;
‘Mobile Communications Service’ means a Public Electronic Communications Service consisting in the conveyance of Signals by means of a Public Electronic Communications Network through the agency of Wireless Telegraphy to or from Apparatus which is designed or adapted to be capable of being used in motion;
‘Mobile Number’ means a Telephone Number, from a range of numbers in the National Telephone Numbering Plan, that is Adopted or otherwise used to identify Apparatus designed or adapted to be capable of being used while in motion;
‘Mobile Number Portability’ means Number Portability relating to Mobile Numbers;
‘Mobile Portability’ means Portability relating to Telephone Numbers Allocated for use with Mobile Communications Services;
‘Mobile Service Provider’ means a Communications Provider that provides a Mobile Communications Service;
‘Mobile Service Retailer’ means any person who sells or markets a Mobile Communications Service directly to a Domestic or Small Business Customer;
‘Mobile SMS Access’ means the ability to send and receive Short Messages using an SMS defined by the European Telecommunications Standards Institute in the GSM (Global System for Mobile communications) or UMTS (Universal Mobile Telecommunications System) standards, or any other standard for mobile communications that is, or may be, adopted in the UK;
‘Narrowband’ means the services provided over a traditional Public Electronic Communications Network, excluding services provided over a Cable Network;
‘National Telephone Numbering Plan’ means the document12 published by Ofcom (known as “the National Telephone Numbering Plan”) setting out:
(a) the numbers that they have determined to be available for allocation by them as Telephone Numbers;
(b) such restrictions as they consider appropriate on the Adoption of numbers available for Allocation in accordance with the plan; and
(c) such restrictions as they consider appropriate on the other uses to which numbers available for Allocation in accordance with the plan may be put;

‘Network Access’ means:
(a) Interconnection of Public Electronic Communications Networks; or
(b) any services, facilities or arrangements which:
(i) are not comprised in Interconnection; but
(ii) are services, facilities or arrangements by means of which a Communications Provider or person making available associated facilities is able, for the purposes of the provision of an Electronic Communications Service (whether by him or by another), to make use of any of the following:
a. any Electronic Communications Network or Electronic Communications Service provided by another Communications Provider;
b. any Apparatus comprised in such a network or used for the purposes of such a network or service;
c. any facilities made available by another that are associated facilities by reference to any network or service (whether one provided by that provider or by another);
d. any other services or facilities which are provided or made available by another person and are capable of being used for the provision of an Electronic Communications Service;
and references to providing Network Access include references to providing any such services, making available any such facilities or entering into any such arrangements;
‘Network Termination and Testing Apparatus’ means an item of Apparatus comprised in an Electronic Communications Network installed in a fixed position on Served Premises which enables:
(a) Approved Apparatus to be readily connected to, and disconnected from, the network;
(b) the conveyance of Signals between such Approved Apparatus and the network; and
(c) the due functioning of the network to be tested, but the only other functions of which, if any, are:
(i) to supply energy between such Approved Apparatus and the network;
(ii) to protect the safety or security of the operation of the network; or
(iii) to enable other operations exclusively related to the running of the network to be performed or the due functioning of any system to which the network is or is to be connected to be tested (separately or together with the network);
‘Network Termination Point’ means the physical point at which a Subscriber is provided with access to a Public Electronic Communications Network and, where it concerns Electronic Communications Networks involving switching or routing, that physical point is identified by means of a specific network address, which may be linked to the Telephone Number or name of a Subscriber. A Network Termination Point provided at a fixed position on Served Premises shall be within an item of Network Termination and Testing Apparatus;
‘Non-Geographic Number’ has the meaning set out in the National Telephone Numbering Plan;
‘Non-provider Numbering Condition’ means the condition13 that applies to persons other than Communications Providers relating to the use of Unbundled Tariff Numbers made under section 59 of the Act;
‘Number Portability’ means a facility whereby Subscribers who so request can retain their Telephone Number on a Public Electronic Communications Network, independently of the person providing the service at the Network Termination Point of a Subscriber provided that such retention of a Telephone Number is in accordance with the National Telephone Numbering Plan;
‘Ofcom’ means the Office of Communications as established under section 1 of the Office of Communications Act 2002;
‘Ofcom Approved Complaints Code’ means the code of practice annexed to Condition C4 and entitled ‘Ofcom approved complaints code of practice for customer service and complaints handling’;
‘Openreach’ means the BT group business offering Communications Providers products and services that are linked to BT’s nationwide Electronic Communications Network;
‘Pay Telephone’ means a telephone for the use of which the means of payment may include coins and/or credit/debit cards and/or pre-payment cards, including cards for use with dialling codes;
‘Personal Number’ has the meaning given to that term in the National Telephone Numbering Plan;
‘Phone-paid Services Authority’ means the UK regulator with responsibility for content, goods and services charged to a phone bill;
‘Portability’ means any facility which may be provided by a Communications Provider to another Communications Provider enabling any Subscriber who requests Number Portability to continue to be provided with any Public Electronic Communications Service by reference to the same Telephone Number irrespective of the identity of the person providing such a service;
‘Portability Transit Provider’ means a Communications Provider providing, by agreement, Interconnection between a Donor Provider and Recipient Provider via one or more points at which the Communications Provider connects with both the Donor Provider and Recipient Provider;
‘Ported Specified Geographic Number’ means a Specified Geographic Number Allocated to the Communications Provider which Ofcom is satisfied (pursuant to information received from the Communications Provider by 1 December of the Charging Year (or such other date as Ofcom notifies prior to the start of the Charging Year)) was on a particular day (as specified by the Communications Provider) between 1 September and 31 October of the Charging Year (or such other time period as Ofcom notifies prior to the start of the Charging Year) subject to an

arrangement under which that Communications Provider had ported, in accordance with Condition B3, that Specified Geographic Number to a person who was not an Affiliated Company;
‘Porting Authorisation Code’ or ‘PAC’ means a unique code used to signify the Donor Provider’s consent to the Subscriber being entitled to request and have their Mobile Number ported to another Communications Provider;
‘Porting System Set-Up Costs’ means costs of the Donor Provider incurred:
(a) in the course of making network and system modifications, configuration and reconfiguration, including adapting or replacing software;
(b) in the course of testing functionality within that provider’s network and in conjunction with any Recipient Provider’s network; and
(c) thereby establishing the technical and administrative capability to provide Portability;
‘Prepaid Mobile Service’ means a Mobile Communications Service for which the Customer pays charges in advance of the service being provided;
‘Price Point’ means a rate which may be set as a Service Charge and is used for calculating or billing the Service Charge Element of the retail price for a call to an Unbundled Tariff Number which is charged to a Consumer;
‘Public Electronic Communications Network’ means an Electronic Communications Network provided wholly or mainly for the purpose of making Electronic Communications Services available to members of the public;
‘Public Electronic Communications Service’ means any Electronic Communications Service that is provided so as to be available for use by members of the public;
‘Public Pay Telephone’ means a Pay Telephone which is available to the general public;
‘Public Payphone Specified Geographic Number’ means a Specified Geographic Number Allocated to the Communications Provider which Ofcom is satisfied (pursuant to information received from the Communications Provider by 1 December of the Charging Year (or such other date as Ofcom notifies prior to the start of the Charging Year)) was on a particular day (as specified by the Communications Provider) between 1 September and 31 October of the Charging Year (or such other time period as Ofcom notifies prior to the start of the Charging Year) in use in respect of a Public Pay Telephone service provided under a Universal Service Condition;
‘Publicly Available Internet Access Service’ means a service made available to the public that provides access to the internet, excluding connectivity services that directly link to a private network;
‘Publicly Available Telephone Service’ means a service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan;
‘Recipient Provider’ means a Communications Provider to whom Subscriber Number(s) are in the process of being, or have been passed or ported from a Donor Provider;
‘Records’ means data or information showing the extent of any network or service actually provided to an End-User and any data or information used in the creation of a Bill for an End-User;
‘Regulated Provider’ has the meaning given to it in the “Scope” section of each Condition in which it is used;
‘Relay Service’ means any service which:
(a) provides facilities for the receipt and translation of voice communications into text and the conveyance of that text to the terminal of End-Users of any provider of Publicly Available Telephone Services and vice versa;
(b) provides facilities for the receipt and transmission of voice communications in parallel with text communications, allowing both channels to work in tandem to deliver near synchronous voice and text;
(c) is capable of being accessed by End-Users of the service from readily available compatible terminal equipment, including textphones, Braille readers, personal computers and mobile telephones;
(d) provides facilities to allow End-Users, who because of their disabilities need to make calls using a Relay Service, to receive incoming calls via the Relay Service, without the calling party needing to dial a prefix;
(e) insofar as reasonably practicable, allows for communication between End-Users of the service at speeds equivalent to voice communications;
(f) provides call progress voice announcements in a suitable form;
(g) provides facilities for access to Emergency Organisations; and
(h) provides access to operator assistance services and a Directory Enquiry Facility using short code numbers;
‘Relevant Data Protection Legislation’ means the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003;
‘Relevant Turnover’ means annual turnover attributable to the provision (including any wholesale provision) of Publicly Available Telephone Services and/or Publicly Available Internet Access Services after the deduction of sales rebates, value added tax and other taxes directly related to turnover;
‘Served Premises’ means a single set of premises in single occupation where Apparatus has been installed for the purpose of the provision of Electronic Communications Services by means of an Electronic Communications Network at those premises;
‘Service Charge’ means the rate set by a Communications Provider in accordance with Condition B1.23 in respect of the conveyance of a call to an Unbundled Tariff Number from the Assumed
Handover Point to the point of termination and the enabling of a Consumer to use an Unbundled Tariff Number to access any service provided by means of that number;
‘Service Charge Element’ means, in respect of a call to an Unbundled Tariff Number retailed to a Consumer:
(a) the amount produced by multiplying the Service Charge for that Unbundled Tariff Number by the length of the call in accordance with Condition B1.25, where the Service Charge is charged at a pence per minute rate;
(b) an amount equal to the Service Charge for that Unbundled Tariff Number, where the Service Charge is charged at a pence per call rate;
(c) an amount equal to sum of the amounts calculated under paragraphs (a) and (b) of this definition, where the Service Charge is charged at a rate which combines a pence per minute rate and a pence per call rate;
‘Shared Metallic Path Facility’ or ‘SMPF’ means access to the non-voiceband frequencies of the MPF;
‘Short Message’ means information that may be conveyed by means of the Short Message Service;
‘Short Message Service’ or ‘SMS’ means a text message delivered to a Subscriber’s handset or, if SMS is superseded or withdrawn, an equivalent text communication sent directly to the Subscriber’s handset;
‘Signal’ includes:
(a) anything comprising speech, music, sounds, visual images or communications or data of any description; and
(b) signals serving for the impartation of anything between persons, between a person and a thing or between things, or for the actuation or control of apparatus;
‘SIM Only Contract’ means a contract for a Mobile Communications Service where the only physical equipment the Customer obtains from the Mobile Service Provider is a Subscriber Identity Module (SIM) card and the notice period for cancelling this contract does not exceed one calendar month;
‘Slamming’ means where:
(a) a request for a CPS, WLR, SMPF and/or MPF has been made;
(b) in the case of KCOM a request to transfer a Fixed-line Telecommunications Service and/or a Broadband Service to another Communications Provider operating on KCOM’s Access Network has been made; or
(c) a Transfer Order or a Working Line Takeover Order has been placed on Openreach or on KCOM (as applicable), without the Switching Customer’s express knowledge and/or consent,
that is in the following circumstances:
Revised General Conditions
(i) where the Switching Customer has never contacted, or has never been contacted by, the Gaining Provider;
(ii) where the Switching Customer has contacted, or has been contacted by, the Gaining Provider, but has not given the Gaining Provider authorisation to transfer some or all of their Fixed-line Telecommunications Services and/or Broadband Services;
(iii) where the Switching Customer has agreed to purchase a product or service from the Gaining Provider and the Gaining Provider has submitted an order for a different product or service which the Switching Customer has not agreed to purchase; or
(iv) where the Switching Customer has agreed to transfer some or all of their Fixedline Telecommunications Service and/or Broadband Service to the Gaining Provider having understood as a result of a deliberate attempt by the Gaining Provider to mislead, that they are making an agreement with a different Communications Provider;
‘Small Business Customer’, in relation to a Communications Provider which provides services to the public, means a Customer of that provider who carries on an undertaking for which no more than ten individuals work (whether as employees or volunteers or otherwise), but who is not himself a Communications Provider;
‘Specified Geographic Number’ means any Geographic Number which starts with any of the Geographic Area Codes set out in the Annex to Condition B1;
‘Subscriber’ means any End-User who is party to a contract with a provider of Public Electronic Communications Services for the supply of such services;
‘Subscriber Number’ means the Telephone Number (or Telephone Numbers) which any Communications Provider’s Public Electronic Communications Network recognises as relating to a particular Subscriber of that Communications Provider;
‘Subscriber Request to Port’ means the request by a Subscriber to transfer their Mobile Number which occurs when the Subscriber submits their PAC to the Recipient Provider;
‘Switching Customer’ means a Customer that is a Domestic or Small Business Customer in relation to a Communications Provider which provides Fixed-Line Telecommunications Services and/or Broadband Services using Openreach’s or KCOM’s Access Network;
‘Target Address’ means the UK postal address where the Target Line is situated;
‘Target Line’ means the working WLR, MPF or SMPF line to which a Switching Customer request for a Migration, or a Home-Move Request, refers;
‘Telephone Number’ means, subject to any order of the Secretary of State pursuant to section 56(7) of the Act, any number, including data of any description, that is used (whether or not in connection with telephony) for any one or more of the purposes listed in section 56(5) of the Act;
‘Total Metering and Billing System’ means the totality of all equipment, data, procedures and activities used to determine the charges to be sought for provision and usage of Electronic Communications Services, and/or to present these charges on End-User’s Bills. For purposes of clarity, a Total Metering and Billing System incorporates all processing steps from the original recording of a chargeable event to its readiness for presentation on a Bill to the End-User whether performed by one or more Communications Providers;
‘Transfer Order’ means an order submitted by, or on behalf of, a Gaining Provider to Openreach, or KCOM, or other applicable wholesaler, requesting for the Target Line to be transferred from the Losing Provider to the Gaining Provider;
‘Transfer Period’ means:
(a) on Openreach’s Access Network, a period of 10 Working Days which starts after the Working Day on which Openreach notify the Gaining Provider and the Losing Provider that the Switching Customer’s order will be activated; or
(b) on KCOM’s Access Network, a period of 10 Working Days which starts on the Working Day on which KCOM notify the Losing Provider that the Switching Customer’s order will be activated;
‘Transit Network’ means the Electronic Communications Network of a Communications Provider used to convey a call from the Electronic Communications Network of another Communications Provider to the Electronic Communications Network of a third Communications Provider;
‘Unbundled Tariff Number’ means a Non-Geographic Number starting 084, 087, 090, 091, 098 or 118;
‘Universal Service Condition’ means a Condition set as a universal service condition under section 45 of the Act;
‘VoIP Outbound Call Service’ means a service that allows End-Users to make (but not receive) a voice call to a number included in the National Telephone Numbering Plan using an internet connection where the service is provided independently of the provision of the internet connection, excluding any Click to Call Service;
‘Wireless Telegraphy’ means the emitting or receiving, over paths that are not provided by any material substance constructed or arranged for the purpose, of electromagnetic energy of a frequency not exceeding 3,000 gigahertz that:
(a) serves for conveying messages, sound or visual images (whether or not the messages, sound or images are actually received by anyone), or for operating or controlling machinery or apparatus; or
(b) is used in connection with determining position, bearing or distance, or for gaining information as to the presence, absence, position or motion of an object or of a class of objects;
‘Wholesale Line Rental’ or ‘WLR’ means a regulated wholesale service sold by a Communications Provider, which is used by the Communications Provider to provide retail Customers with exchange lines and, in turn, access to other narrowband telephony services (for example, telephone calls, facsimile and dial-up internet access);
‘WLR Specified Geographic Number’ means a Specified Geographic Number Allocated to the Communications Provider which Ofcom is satisfied (pursuant to information received from the Communications Provider by 1 December of the Charging Year (or such other date as Ofcom notifies prior to the start of the Charging Year)) was on a particular day (as specified by the Communications Provider) between 1 September and 31 October of the Charging Year (or such other time period as Ofcom notifies prior to the start of the Charging Year) subject to an arrangement under which that Communications Provider was providing WLR to a person who was not an Affiliated Company;
‘Working Day’ means the hours between 09.00 – 17.00 on Monday to Friday, with the exception of Bank Holidays and public holidays;
‘Working Line Takeover” means a process by which:
(a) a Communications Provider takes over a WLR or MPF line in order to provide a Fixed-line Telecommunications Service and/or a Broadband Service; or
(b) in the case of KCOM a process by which a Communications Provider takes over the provision of a Fixed-line Telecommunications Service and/or a Broadband Service to the Inbound Switching Customer,
where that line is being used by that same or a different Communications Provider to supply a Fixed-line Telecommunications Service and/or a Broadband Service to the Incumbent Switching Customer;
‘Working Line Takeover Order’ means an order submitted by, or on behalf of, a Gaining Provider to Openreach or to KCOM (as applicable), requesting for the Working Line Takeover of the Target Line; and
‘Zone Code’ means a code which identifies the geographic region in which the call was originated.