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that providers of public electronic communication services, to the extent that the services
comprise conveyance of speech, music and sounds (in other words, this will include VoIP),
must now comply with relevant parts of the General Conditions and also a new Code of
Practice entitled the ‘Code on the provision by Service Providers of consumer information
to Domestic and Small Business Customers for the provision of Services’. As a result of
the changes, VoIP providers must publish and make available certain information, including
their contact details, services, and full details of their tariffs. The Code does not require
VoIP providers to provide access to emergency services. However, the changes to the
General Conditions and to the wording of the Code will require VoIP providers to: inform
consumers whether or not the VoIP service offered has the capability to call emergency
services; and provide point of signature acknowledgement that access to emergency services
is not possible in the case of a power cut. Ofcom has also modified the definition of
‘publicly available telephone service’ for the purposes of General Condition 18, so that
number portability will not be available where the VoIP provider does not provide access
to emergency services. This means that unless a VoIP provider offers access to emergency
services, it will not be able to offer customers the same number that they previously used
with another service provider. The new developments mark an increase in Ofcom’s interest
in the VoIP market. Ofcom has announced that it will issue a further consultation on
whether, and if so how, certain VoIP services should be required to offer emergency services
access. Ofcom is also investigating other issues such as naked DSL, net neutrality and the
regulation of nomadic services. With both the current and future increases in regulation,
VoIP providers will need to ensure that they are well aware of what the regulations mean
to them and how they will adapt to ensure compliance while continuing to grow and
develop in the innovative VoIP market.

Customer bills Following complaints from consumers, Ofcom is reviewing additional charges made on
6 June 2007 customer bills by communications providers. These can be due to numerous factors such
as not paying by direct debit, late payment, service restoration following suspension or
restriction after late payment. or early termination fees. The review will consider whether
additional charges are sufficiently transparent, whether they are unfair and what action, if
any, may be necessary.

Mobile charges A new European law coming into force on 30 June 2007 will significantly reduce the
29 June 2007 amount consumers pay to use their mobile phones abroad. From the end of August a new
Eurotariff comes into effect. This will offer savings of more than 50 per cent for most
consumers. From September a call anywhere in Europe under the Eurotariff will cost no
more than 49c (approximately 38 pence per minute including VAT) to make, and 24c (19p
per minute including VAT) to receive. The new law requires all mobile network operators
in Europe to implement the following timetable:

• By the end of July, operators must contact all their customers to inform them of their
tariff options and explain when the new Eurotariff will be made available.
• By the end of August the new tariff should be introduced for new and existing
customers.
• By the end of September all customers should be transferred to the Eurotariff
automatically (unless those customers have explicitly chosen another tariff).
• From the end of September, operators must send an automatic SMS message whenever
a customer crosses a border, clearly explaining how much it will cost to make and
receive a call in that country.

Many consumers have already signed up to roaming tariffs that reward greater use with
lower prices and these users will not be transferred to the new tariff unless they specifically
request it. In some cases, other tariffs offer even greater savings than the new Eurotariff.

VoIP access to 999 Ofcom proposes to require all VoIP service providers who allow users to call ordinary
26 July 2007 phone numbers to allow users to call 999 by early 2008. Of VoIP users who cannot use
their service to call emergency services 78 per cent either thought that they could or did
not know if they could. (BT and Vonage already allow user access to 999.) In March 2007,
Ofcom put in place a code of practice requiring all VoIP providers to make it clear to

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