Investigation into communications provider Primo Dialler on whether they have failed to comply with obligations under General Condition B1

Ofcom has today opened an investigation into whether Primo Dialler has (1) failed to comply with its obligations under the General Conditions of Entitlement (GCs); and/or (2) persistently misused an electronic communications network or electronic communications services (as defined in section 128 of the Communications Act 2003 (the Act). The investigation relates to concerns that numbers sub-allocated to Primo Dialler are/were being misused, including to facilitate scams. 

We have concerns as to whether Primo Dialler has failed to comply with its obligations under the GCs, specifically: 

• GC B1.8 which states that “the Communications Provider shall take all reasonably practicable steps to secure that its Customers, in using Telephone Numbers, comply (where applicable) with the provisions of [GC B1], the provisions of the National Telephone Numbering Plan and the Non-provider Numbering Condition”; and;

• GC B1.9(b) and (c) which state that “the Communications Provider shall not transfer use of Telephone Numbers from the National Telephone Numbering Plan unless… the Telephone Numbers are used in accordance with the National Telephone Numbering Plan; and the Telephone Numbers are Adopted or otherwise used effectively and efficiently”.

We also have concerns as to whether Primo Dialler is persistently misusing, or has persistently misused, an electronic communications network or services. Under section 128(5) – (7) of the Act, a person misuses an electronic communications network or service if:

1. the effect or likely effect of his use of the network or service is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety; or
2. he uses the network or service to engage in conduct the effect or likely effect of which is to cause another person unnecessarily to suffer annoyance, inconvenience or anxiety.

Misuse can be considered “persistent” where it is repeated enough for it to be clear that it represents a pattern of behaviour or practice, or recklessness about whether others suffer annoyance, inconvenience or anxiety.

This investigation will seek to establish the facts surrounding this matter and examine whether there are reasonable grounds to believe that Primo Dialler has failed to comply with the above GCs and whether it is persistently misusing, or has persistently misused, an electronic communications network or services.

We will gather further information and publish an update to our investigation in due course.