Re: Are telcos allowed to charge line rental in advance?

Tommo wrote:
On 7 Jun, 12:07, Rev Adrian Kennard <a...@xxxx> wrote:
The general conditions for running a communication network issued by
OFCOM, which are required by the Communications Act (I think) are:-

http://www.ofcom.org.uk/static/archive/oftel/publications/eu_directiv...

The have a clause which says:-

11. METERING AND BILLING
11.1 The Communications Provider shall not render any bill to an
End-User in respect of the provision of any Public Electronic
Communications Services unless every amount stated in that bill
represents and does not exceed the true extent of any such service
actually provided to the End-User in question.

What is key here is the word "provided".

Surely line rental in advance is not for a service that has been
"provided" (yet).

Surely that means every phone or broadband bill that has an advance
charge element is not valid?

Comments?

[yes, I know that as an ISP that charges in advance we would fall fpul
of this too.]

Adrian.

Interesting interpretation.

The purpose of the paragraph appear to be a restriction on
overcharging customers, rather than a restriction on advance
charging. Indeed there is nothing in the paragraph actually stating
that advance billing is not permitted, provided that such advance
billing "represents and does not exceed the true extent of any such
service". Thus, so long as it is accurate, it is permitted.
Presumably this wold mean that a credit note would have to be issued
if the contract was terminated part way through a billing month.

In any case, I would need to be convinced that breaching these OFCOM
guidelines renders a contract unenforceable.

Hmmm, but the service has not been "provided".
Maybe you are right.

As to the other point, there are conditions not guidelines, and I
believe are referenced by the communications act. I'll have to look up.

We are asking BT what they think as they have overcharged us. They are
saying we have to pay the undisputed amount (which is not unreasonable).
However, 11.1 means they are not allowed to send such a bill. They could
withdraw the bill and comply with 11.1 and we would not have to pay
until we get a correct bill - or they could insist we pay the undisputed
amount, but not be complying with 11.1 if they do...

However, non compliance with 11.1 may be one of those things which means
tame letters from OFCOM telling them off rather than anything for a
telco to be concerned about.
.

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