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UK CURRENT SURVEY 16[2006/2007]4 ULR 189

that they have cancellation rights when shopping on the internet. Also, many businesses were
unaware of their obligations under the Distance Selling Regulations 2000 which provide additional
protection for shoppers buying online.

Unfair terms Following discussions with the OFT, Dabs.com plc has agreed to amend unfair terms and conditions
96/07 5 July 2007 relating to returns and refunds in its consumer contracts. Dabs supplies computers, software and
electronic goods directly to UK customers via a website. The company’s terms and conditions of
sale contained a number of terms considered unsuitable in a consumer contract and that raised
concerns under the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer
Protection (Distance Selling) Regulations 2000 which came into force on 31 October 2000 (amended
with effect from 6 April 2005 by the Consumer Protection (Distance Selling) (Amendment)
Regulations 2005). These included:

• excluding the company’s liability for errors in the description of goods,
• limiting the company’s liability for faulty goods sold by making the consumer pay the cost of
carriage to return items,
• imposing time limits for notifying the company of defects in goods, and
• making refunds under the DSRs conditional on the return of cancelled goods.

Ofcom
www.ofcom.org.uk

Digital switchover Ofcom has published its final statement and Code of Practice on transitional arrangements for
16 May 2007 digital switchover. Digital switchover will take place in the United Kingdom between 2008 and
2012 in accordance with the regional timetable set out by the government in September 2005.
The revised Code, effective from 16 May 2007, has been introduced to ensure that broadcasters
and transmission companies make appropriate arrangements to keep potential disruption to viewers
and listeners to a minimum. Broadcasters are required to comply with the updated Code under
the terms of their broadcast licences.

Broadband On 31 May, Ofcom introduced new regulations to extend wireless broadband across the country.
31 May 2007 The regulations cover the 5.8 GHz band currently used by operators to provide fixed wireless
broadband services in the United Kingdom. Under the new regulations, operators will be able to
increase power levels, thereby potentially extending the range and variety of services into parts of
the country that were previously not covered. This is likely to have most effect in rural areas.

VoIP Ofcom has amended the regulations (General Conditions) that apply to telecommunications
1 June 2007 providers so that certain conditions will now apply to VoIP providers, and has published a new
code of practice that VoIP providers must comply with. The changes are intended to ensure that
consumers can access key information about the capabilities of the services provided. VoIP services
are increasingly impacting the UK communications sector, and the range of services now available
has generated significant benefits to consumers, as providers offer lower prices, more choice and
new services such as call handling and unified messaging. In 2004, Ofcom published a consultation
paper entitled ‘New Voice Services: A consultation and interim guidance’, setting out Ofcom’s
proposals with regard to a future regulatory framework for VoIP services. Before 2004 consultation,
VoIP was a relatively infant market and did not have the capabilities and wide range of services and
competitors that it does today. In 2006 Ofcom published a second consultation paper entitled
Regulation of VoIP Services: Statement and further consultation, which took into account both the
responses received during the 2004 consultation paper and the continuing developments in VoIP.
The consultation set out three objectives which Ofcom would pursue in relation to VoIP to further
the interests of consumers. These were: enabling innovation in a technological neutral way; ensuring
consumers are well informed; and ensuring maximum availability of emergency services access. It
also made the following proposals: to require providers of public electronic communication services
to comply with a code of practice on the provision of customer information; and to modify the
definition of a ‘publicly available telephone service’ in Ofcom’s General Conditions, so that only
services available to the public for originating and receiving national and international calls and
access to emergency services through a normal telephone number have the right to number
portability. Ofcom has now, therefore, made modifications to General Conditions 14 and 18, so

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