Legal documentation
Published: March 2010
24.1 A Communications Provider who provides a Fixed-Line Telecommunications Service to Domestic and Small Business Customers ("the Customer") must comply with this General Condition with respect to such Customers.
24.2 This General Condition is only applicable where the Customer is transferring a Fixed-Line Telecommunications Service between Communication Providers.
24.3 When selling or marketing Fixed-Line Telecommunications Services, the Gaining Communications Provider must not:
24.4 Where the Communications Provider engages representatives, such as any sales agency, to act on its behalf in the sale and marketing of Fixed-Line Telecommunications Services, the Communications Provider shall procure that such representatives comply with the requirements of this General Condition.
24.5 The Communications Provider must: (a) publish a copy of this General Condition, or a link to a copy of this General Condition published on Ofcom’s website, in an easily accessible and reasonably prominent manner on its website or, where there is no such website, by making it available in its registered office during normal office hours for inspection free of charge by members of the general public; and (b) provide a copy of this General Condition to a Customer free of charge upon reasonable request.
24.6 The Gaining Communications Provider must take all reasonable steps to ensure that before entering into a contract for a Fixed-Line Telecommunications Service the Customer who is transferring the line: (a) is authorised to do so; (b) intends to enter into the contract; and (c) is provided with prescribed information in a clear, comprehensible, prominent and accurate manner, in paper or another Durable Medium, including identity of the legal entity, service description, key charges, payment terms, termination rights, and likely date of provision.
24.7 Where the Customer enters into a contract for a Fixed-Line Telecommunications Service, the Gaining Communications Provider and the Losing Communications Provider must each send the Customer a letter stating that the Customer is transferring their Fixed-Line Telecommunications Service, setting out the date of the letter, affected CLI numbers, services affected, proposed switchover date, contact details, and termination rights.
24.8 The letter must be sent by normal post, unless the Customer has explicitly agreed to receive correspondence electronically.
24.9 When the Customer enters into a contract to transfer a Fixed Line Telecommunications Service the Gaining Communications Provider must allow the 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.
24.10 The Gaining Communications Provider must have procedures in place to enable the Customer to exercise their right to terminate pursuant to 24.9 without unreasonable effort, including contact by telephone, e-mail and post.
24.11 The Gaining Communications Provider must use reasonable endeavours to create and keep all records regarding the sale of its Fixed-Line Telecommunications Service for a period of not less than six months, including date and time of contact, means of contract, place where entered into, and identification of salesperson(s).
24.12 The Communications Provider must ensure that all staff or sales agency representatives involved in direct contact with Customers for sales, marketing and/or Cancel Other are appropriately trained to comply with this General Condition.
24.13 The Communications Provider must monitor, including conducting regular audits, its compliance with this General Condition, including compliance on its behalf by any representatives or sales agency engaged by it, and take appropriate steps to prevent the recurrence of any problem(s) identified.
24.14 The Losing Communications Provider shall only be permitted to use Cancel Other in the following circumstances:
24.15 Before using Cancel Other in cases of Slamming and/or Failure to Cancel, the Losing Communications Provider shall take reasonable steps to establish that Slamming and/or Failure to Cancel has actually taken place.
24.16 After using Cancel Other, the Losing Communications Provider shall confirm the cancellation of the order by Durable Medium to the Customer, unless this is not possible or appropriate.
24.17 The Losing Communications Provider shall record its reasons for using Cancel Other in each case, selecting the appropriate reason code from a list agreed by the industry and approved by Ofcom.
24.18 Where the Losing Communications Provider communicates with the Customer to comply with this General Condition, it must not make marketing statements that may induce the Customer to terminate their contract with the Gaining Communications Provider.
24.19 For the purpose of this Condition, key definitions include: Cable Network; Cancel Other; Communications Provider; CPS (Carrier Pre-Selection); Domestic and Small Business Customer; Durable Medium; Failure to Cancel; Fixed-Line Telecommunications Services; Gaining Communications Provider; LLU (Local Loop Unbundling); Losing Communications Provider; Narrowband; Slamming (including transfer without express knowledge/consent); Transfer Period (10 Working Days); WLR (Wholesale Line Rental); and Working Days (09:00-17:00 Monday-Friday excluding bank holidays).
A6.1 General Condition 24 (GC24) sets out provisions in respect of the sales and marketing of Fixed-Line Telecommunications Services with which the Gaining Communications Provider must comply.
A6.2 GC24 also comprises provisions relating to the use of Cancel Other with which the Losing Communications Provider must comply. Cancel Other is a consumer protection mechanism designed to ensure that Customers are not switched between Communications Providers without their permission.
A6.3 These guidelines are produced by Ofcom to help Communications Providers and Customers understand their rights and obligations under GC24.
A6.5 For the avoidance of doubt, where the guidelines set out examples of compliance, Ofcom is not bound by this and will determine compliance on the basis of individual circumstances.
A6.7 GC 24.1 specifies that this GC is applicable to all Communications Providers which offer a Fixed-Line Telecommunications Service to Domestic and Small Business Customers.
A6.8 GC24.2 specifies that this GC is only applicable where the Customer is transferring to, from or between Fixed-Line Telecommunications Providers.
A6.9 GC 24.3 sets out prohibitions on inappropriate sales and marketing behaviour (mis-selling), including omission of relevant information, false or misleading information, aggressive conduct, and Slamming as defined in GC24.19(m).
A6.10 Ofcom considers inappropriate approaches to include contact at unreasonable times, failure to identify the Communications Provider, discourteous language, failure to cease contact when requested, and taking advantage of vulnerable Customers.
A6.11-A6.15 GC24.4 requires Communications Providers to procure compliance by representatives and agents, monitor compliance, and retain records even where contact is by representatives on their behalf.
A6.16-A6.18 GC 24.5 requires publication of this GC on the provider’s website or registered office, and provision of a copy to customers free of charge upon reasonable request.
A6.19-A6.21 GC 24.6 requires the Gaining Communications Provider to use reasonable endeavours to ensure customers are authorised, intend to contract, and receive required information in paper or Durable Medium, or by telephone where the contract is entered into during a sales call (with written follow-up within three Working Days).
Practical steps may include identity checks, checklists for sales staff, clear contractual documents, and obtaining explicit positive consent rather than negative opt-out.
A6.22-A6.24 GC24.7 requires mandatory Notification of Transfer letters from both Gaining and Losing Providers. GC 24.8 requires letters unless the Customer has explicitly agreed to electronic correspondence on an opt-in basis.
A6.25-A6.27 GC24.9-24.10 require no-cost cancellation during the Transfer Period and termination procedures without unreasonable effort, using telephone, e-mail and post as minimum contact methods.
A6.28-A6.31 GC 24.11 requires records for at least six months, including contracts, checklists, correspondence, notes and voice recordings where telesales are used.
A6.32-A6.34 GC 24.12 requires appropriate training on GC24, consumer protection law, ordering processes, and contract terms.
A6.35-A6.36 GC24.13 requires procedures to monitor compliance and prevent recurrence of problems, including investigation of complaints and written warnings for serious breaches.
A6.37-A6.44 Cancel Other should only be used in permitted circumstances, particularly slamming. Losing Providers must take reasonable steps to verify slamming before cancelling.
Cancel Other should not be used where a customer simply wishes to change their mind; the customer should contact the Gaining Provider to cancel.
Failure to Cancel permits Cancel Other as a safety net where the Gaining Provider has not cancelled after customer request, subject to verification.
Line Cease cancellations are an administrative mechanism when a line is ceased.
A6.45 Each use of Cancel Other must be recorded with an appropriate industry reason code approved by Ofcom.
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