Ofcom has fined UK ISP Prodigy Internet £30,000 for failing to provide information regarding complaints against its implementation of the regulators broadband migration policy (General Condition 22):
As part of its ongoing investigation into Prodigy’s compliance with GC22 and GC14.7, Ofcom issued a notice to Prodigy under section 135 of the Communications Act 2003 (‘the Act') requiring the provision of specified information. As Prodigy failed to comply with this notice, a notification under section 138 of the Act was issued to Prodigy on 31 May 2007. Prodigy also failed to comply with this notification.
Ofcom considers that Prodigy has failed to provide all the required information. Given Prodigy’s ongoing failure to comply with the section 135 notice and having followed the procedures set out in the Act, Ofcom has decided to impose a penalty of £30,000 on Prodigy. A non-confidential version of the penalty notice issued to Prodigy on 9 November 2007 under section 139 of the Act is currently being prepared and will be published shortly.
Ofcom's investigation into the activities of Prodigy continues.
GC22 governs the management and issuing of Migration Authorisation Code's (MAC), which many broadband ADSL customers require in order to switch providers.
Under GC22 all broadband ISP's must issue users with a MAC within five days of a request (fully unbundled providers are not yet fully included in this), failure to do so is considered a breach of the regulators rules and could incur a hefty fine.
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