Ofcom Silent Calls Consultation respondent guide

This guide is intended to provide assistance to those who may be considering responding to the Ofcom consultation on its revised Statement of Policy on Persistent Misuse, issued on 31 October 2005.

How to respond to the consultation.

The full guide is available:

See also updates below.

Quick summary of the key differences between this new Statement and that previously in force.

Previous Statement

Current Statement (under consultation)

Policy implemented following consultation

Consultation following policy implementation

Powers for the purpose of "Consumer Protection"

Policy provides "Guidance to the Industry"

Complaints "investigated"

Complaints "assessed"

Powers applied to all users of telecommunications networks and services

Policy focussed on specific industries

Procedures follow process steps in legislation

Procedures follow an Ofcom standard method

Persistent misuse is a simple absolute concept

The gravity of the persistent misuse is factor in its essential determination

Percentage approach not appropriate, as irrelevant to victims

Percentage applied as key factor in determination of persistent misuse

Determination of persistent misuse based on relevant evidence alone

Activity other than that which is deemed to represent persistent misuse considered when making a determination


Please send comments on the Guide to: Silent {dot} Calls @ ntlworld {dot} com

David Hickson

16 November 2005



Non-marketing Recorded Messages

[5.9] In modifying previous section 4.4.6 the word "marketing" was inserted between the words "recorded" and "messages" in a clumsy attempt not to preclude use of the Informative Message in the context of abandoned calls. This creates the unfortunate effect of suggesting that deliberately transmitting non-marketing messages (e.g. in the course of a collections operation) is no longer an example of persistent misuse.