Introduction

1.1 Ofcom is the independent regulator of television, radio, telecommunications and wireless communications services in the UK. This Statement sets out our approach to regulating access to the emergency services from Voice over Internet Protocol services (VoIP services). It follows the July 2007 Consultation Regulation of VoIP Services: Access to the Emergency Services.

1.2 In that Consultation, Ofcom identified a high level of consumer and citizen confusion about access to the emergency services from VoIP services. That confusion means there is a risk of someone trying to make an emergency call from a service that does not provide access. Although most users can reach for another phone to make emergency calls, a delay of seconds can result in increased harm. Given this risk, and the recent rapid growth in the use of VoIP services, we consider it’s time to act.

1.3 Ofcom has therefore decided to require certain categories of VoIP service to provide access to the emergency services, broadly in accordance with the proposals set out in the Consultation. Our decision aims to avoid the risk of delays in contacting the emergency services by regulating VoIP services that consumers and citizens may try to use to call the emergency services.

1.4 The new requirement will enter into force on 8 September 2008.

1.5 This Statement sets out a summary of significant responses to the Consultation, Ofcom’s view of those responses, and Ofcom’s regulatory decision.

1.6 This Statement is primarily aimed at providers of VoIP services that allow users to call normal fixed or mobile phone numbers; consumers of VoIP services and other citizens; the emergency services and Government departments concerned with public safety, crime prevention and detection.

1.7 This Statement is also relevant to access to the emergency services over Next Generation Access (NGA) networks because they are likely to replace PSTN voice call services with VoIP. Ofcom published a consultation on Future broadband - Policy approach to next generation access on 26 October 2007 and proposed to carry out a specific consultation on NGA in new build developments around the end of 2007(-1-).
VoIP voice call services

1.8 Traditional phone services have existed for over 100 years. Voice services using VoIP are changing the way voice services are delivered. These services normally use VoIP technology to provide voice calls using fixed or wireless broadband connected to PC with a handset or headset, a Personal Digital Assistant (PDA, a handheld computer), a mobile phone handset or a fixed phone handset with an analogue telephone adapter (ATA) or router. VoIP services can benefit customers by reducing the cost of existing services, providing new services and increasing competition in telephony and broadband. Ofcom aims to ensure that, as voice call services evolve, consumers and citizens are protected.
Calling the emergency services

1.9 One of the most important features of traditional phone services is that they enable users to call the emergency services. The UK’s 999 emergency call service from fixed phones, the first of its kind in the world, was launched in 1937 and extended to all major towns and cities by 1948. The 999 service was introduced for mobile phone users in 1986. In 1991, the European Union established a single emergency call number, 112, which can be used anywhere in the European Union to call the emergency services (so in the UK the emergency services can be reached on 999 and 112)(-2-). BT currently handles around 30 million emergency calls a year from fixed and mobile phones.
The regulatory and policy background

1.10 General Condition 4 requires PATS(-3-) providers to ensure that any end-user can access the emergency services by calling 999 and 112 at no charge and, to the extent technically feasible, make caller location information available to the emergency organisations handling those calls.

1.11 All fixed and mobile PSTN services allow users to access the emergency services. Some VoIP services allow users to do so but others do not. VoIP has introduced one-way services that allow users to make calls to traditional fixed or mobile phones but not to receive calls (called type 2 VoIP services); they aren’t caught by the definition of PATS or General Condition 4. Regarding VoIP services that allow users to make calls to and receive calls from traditional fixed or mobile phones (called type 4 services), the Universal Service Directive 2002/22/EC provided a definition of PATS that included “access to the emergency services”, creating circularity; PATS services must allow access to the emergency services, but allowing access to the emergency services is part of the PATS definition.

1.12 Ofcom is concerned that consumers and citizens are confused about whether they can call 999 / 112 from VoIP services. That could cause delays in contacting the emergency services, which could result in increased harm.

1.13 Ofcom has run three consultations on regulating VoIP services: New Voice Services: a Consultation and Interim Guidance, 6 October 2004(-4-) (the 2004 Consultation); Regulation of VoIP Services, 22 February 2006(-5-) (the 2006 Consultation), followed by a Statement on the Regulation of VoIP Services, 29 March 2007(-6-) (the March 2007 Statement); and Regulation of VoIP Services: Access to Emergency Services, 26 July 2007 (the July 2007 Consultation)(-7-), followed by this Statement.

1.14 Regarding the ability to call 999 / 112 from VoIP services, in the 2004 Consultation Ofcom set out the policy aim of ensuring consumers are properly informed and protected about 999 / 112 access. In the 2006 Consultation, Ofcom added the objective of ensuring the maximum availability of high quality 999 / 112 access as voice call services and technology change.

1.15 To meet those aims, Ofcom mandated compliance with a Code of Practice(-8-) drafted by an industry-Ofcom working group requiring VoIP providers to give their domestic and small business customers information about differences between VoIP services and traditional fixed and mobile phone services. VoIP providers also had to provide labels on-screen or for equipment and an automated message indicating if users could not call 999 / 112.

1.16 Additionally, Ofcom provided Guidelines(-9-) to help VoIP providers to comply with requirements about the reliability of calls to 999 / 112 and providing caller location information for use by the emergency services.

1.17 Finally, Ofcom clarified a requirement(-10-) that defines the types of voice call provider that are entitled to number portability, which enables consumers to keep their phone number when they change provider. We noted the clarification might act as an incentive for providers to offer 999 / 112 access, in order to secure the benefits of number portability, but might not lead to all providers offering 999 / 112 access.