Correspondence
with BT and Plusnet
Wanting to write an article for our village magazine, I first approached the BT Press Office about the questions of Battery Backup Provision, and the question of how customers could make sure that BT knew of "at risk" customers (who would not initially be proactively taken off PSTN if BT were aware of their status). I got an off-the-shelf response which didn't answer my questions, and my followup email has been ignored.
So, I approached Plusnet (who current supply me with PSTN at my home in rural Derbyshire):
Me to Plusnet, 21 August 2023 (hard copy, by recorded delivery post to Sheffield)
Dear Sir/Madam,
This is the text of an email that I sent to Philip Jansen at BT on 11 August. It didn’t bounce, but I have had no response. So I am having to send you a hard copy by post. In 2023, that seems a very odd way of communicating with a telecoms business – presumably you do this to discourage complaints. What a shoddy way to run a business!
***
I am a Plusnet customer, but I cannot get Plusnet to tell me about what will happen when my landline moves to all-digital non-PSTN.
I live in the East Midlands, which is at the front end of the programme to switch off PSTN, which has apparently already started.
I want to learn about what will happen if I need to make a 999 call during a local power cut, or if my house catches fire and the power trips off. We do not have a strong enough mobile signal on any network to be able to make calls from inside the house.
A government website[i] about the PSTN switchoff says
If you have specific requirements ... or if you have general questions about the migration, you should contact your telephone provider or equipment manufacturer.
My exchange has not yet been given a date for changeover, but I understand that when a date is given, it might only be a few weeks ahead. So I want to get information now - for myself (and, as the go-to "Telecoms person" in our local community, to share with others).
But when I called Plusnet this morning [11 August] "Tom" in Technical Support (who refused any further identification) gave me incorrect information (he claimed that the PSTN switchoff isn't happening until 2025) and could offer no route for me to talk to anyone else. I wish to complain at this response.
Additionally, I have two questions
Firstly, what provision you are making for customers like me to make 999 calls during a power cut. The government site says it " is the responsibility of the provider to ensure those who depend on a landline are provided a resilient solution that will allow customers to make calls to the emergency services in the event of a power outage". And Ofcom says[ii] "Providers should have at least one solution available that enables access to emergency organisations for a minimum of one hour in the event of a power outage in the premises; "
You are my provider and I am asking you what provision you will be making. I am on VDSL (ie broadband over copper) using a Hub 2 router.
Secondly, I also gather that certain categories of user won't be changed from PSTN without their agreement - as long as the operator is aware of their status. One qualifying group is those without a usable mobile signal. Could you please tell me how customers should tell you that they are in one of these categories?
[i] https://www.gov.uk/guidance/uk-transition-from-analogue-to-digital-landlines#what-the-change-means-in-practice-and-how-you-can-prepare
[ii] https://www.ofcom.org.uk/__data/assets/pdf_file/0016/123118/guidance-emergency-access-power-cut.pdf
First reply from Plusnet, 24 August 2023
Great News! Your fault should now be resolved!
Our suppliers have advised that they have resolved the fault affecting your services. Upon testing the connection today, we can see that it is working correctly.
Because of this, we have now closed the fault report.
I had to call Plusnet and insist that my complaint had not been resolved. They promised to look into it. Late in August, I received a phone call, which I asked them to confirm in writing. The confirmation arrived on 2 September 2023:
Second reply from Plusnet, 2 Sep 2023
Dear Mr Geddes,
Thank you for your patience over the past few days.
I have been informed that our previous advice when we spoke on the phone regarding the provision of a back-up power source for VOIP or digital voice services is correct. We would not be responsible for providing a power backup as we do not provide those products and currently have no plans to do so.
In addition, when the removal of PSTN and the copper network takes place, we will be unable to provide you with any telephone service in any capacity, and so to acquire such a service would mean having a broadband and telephone provider outside of Plusnet, or using a third party VOIP provider on your existing Plusnet broadband.
As previously stated, it would be the responsibility of the company providing the VOIP service to ensure the service remains useable, or an alternative is in place.
If you have any further questions or comments regarding this matter please let me know. likewise if you are happy to close your complaint, please confirm this. If we do not hear from you, we will provide our final position in a couple of days.
Kind regards,
Glen Bannister
Additional Support Team
Plusnet PLC | www.plus.net
Registered Office: Plusnet | The Balance | 2 Pinfold Street | Sheffield | S1 2GU
Registered in England no: 3279013
My reply to Plusnet, 2 September 2023
I do have a problem with this.
In the 20 July 2023 letter from Ofcom's Director Of Enforcement to Communications Providers (CPs), he says, in the first substantive paragraph:
"There is a regulatory obligation on all CPs in General Condition1 A3.2(b) to ensure uninterrupted access to emergency organisations for their customers, regardless of whether they are offering Voice over Internet Protocol (VoIP) services2 or not. " (his emphasis).
Ofcom define Communications Provider as "a person who provides an electronic communications network or provides an electronic communications service, as defined in the Communications Act 2003. The terms ‘communications provider’ and ‘provider’ are used interchangeably throughout this document." Clearly, Plusnet is a Communications Provider as defined by Ofcom.
Your reply to me appears to be in direct contradiction of this. You come within the category of "all CPs". Yet you are not accepting the obligation that Ofcom is clearly placing upon you.
If you think I have misunderstood, please help me understand where I am going wrong.
Response from Plusnet, 2 September 2023
Thank you for getting back to us on this Mr Geddes,
I have requested further clarification on this, as I am not currently in a position to refute or confirm the information you have given to us.
I hope to have an answer by Wednesday the 6th September, but if I do not, I will at least let you know of any delays to getting an answer. I am sorry this is delayed but I do want to make sure we are providing you with the correct information.
Thank you for your understanding.
Kind regards,
Glen Bannister
Additional Support Team
Plusnet PLC | www.plus.net
Further response from Plusnet, 4 September 2023
I have today received further confirmation from our business managers and compliance teams that we are confident we do not have to provide a back-up connection as standard, or as a free addition.
We have also had no indication from Ofcom that as an FTTP broadband only provider, we have any additional responsibilities beyond making customers fully aware that access to a VOIP service will be lost in the event of a power cut.
The rationale for this is that we will not know who the customers VOIP provider is, or indeed if they have one, and in that case, it would be the VOIP providers responsibility as knowing party to ensure that access to the service they sell is still possible.
In your response you have provided a part quote, which supports your argument. I’m afraid taking only part of the quote in this instance does change the meaning of the communication.
As advised in the document you have provided: https://www.ofcom.org.uk/__data/assets/pdf_file/0030/264846/open-letter-999-programme.pdf
“There is a regulatory obligation on all CPs in General Condition 1 A3.2(b) to ensure uninterrupted access to emergency organisations for their customers, regardless of whether they are offering Voice over Internet Protocol (VoIP) services 2 or not.”
This does mean that if we are only providing broadband services, we have to enable you access to emergency services over this platform, which we do. You will be able to use the broadband connection to access services that will allow you to make calls or contact with emergency services, as long as the service works and is not faulty. These service may be free, or purchased from a dedicated VOIP provider.
However, the quote continues to say the following:
“General Condition A3.3 also requires CPs to inform their customers in plain English and in an easily accessible manner that access to Emergency Organisations using VoIP Outbound Call Services may cease if there is a power cut or power failure, or a failure of the internet connection on which the service relies. This information must be provided during the sales process, within the terms and conditions of use, and in any user guide.”
This clearly states we are responsible for informing you that in the event of a power cut, power failure, or broadband fault, you will lose access to this. It does not state that we are responsible for providing equipment to prevent this.
The General condition that this refers to (condition A3.3) can be found here: https://www.ofcom.org.uk/__data/assets/pdf_file/0023/256343/unofficial-consolidated-general-conditions-May-2023.pdf
I am sorry that this does not give the response you were hoping for, but nowhere in the general conditions A3.2 or A3.3 does it specify that as a single connection broadband provider, we are required to provide additional back-up services to ensure a connection can continue following a fault or catastrophic failure.
Furthermore, page 4 of the open letter (Annex A) addresses our specific role in this, by answering the FAQ; We don’t sell VoIP services – What do we need to do?
This section makes no statement of set rules, and makes no assumption that all non-VOIP providers will provide any alternative connection.
“Where customers are able to sign up to a VoIP service with a different CP to the CP supplying their broadband connection or underlying network, the Guidance says that, as a network provider will be aware that will be aware that any VoIP service connected to its network will not work in the event of a power cut, it should therefore be able to communicate this to its customers and take appropriate and proportionate steps to ensure they are protected if they are reliant on their landline - whether that be by, for example:
• working with the VoIP service provider to ensure a solution is in place; and / or
• protecting its own network connection.”
In our capacity as a broadband supplier, we will always be ensuring that we work with VOIP providers to allow a network solution to be put in place, but will not be looking to provide out own back-up.
This will not prevent any customer who wishes, from buying a compatible back-up and using it with our service.
Kind regards,
Glen Bannister
Additional Support Team
CONCLUSION
I really don't know where this leaves me as a Plusnet customer. I don't have the time or energy to try and make sense of the Plusnet reply in the context of the Ofcom requirements.
Perhaps I will get a response to my communication with Ofcom and then it will be clear whether there is a clear position that has been badly communicated, or whether (as I fear), the rules are muddy enough that everyone can leave everyone else to sort out the backup problem.
Except for BT, who as both ISP and Voice provider, are on the hook to provide backup units to "at risk" customers either way. But their solution seems to be to "kick the can down the road" for now, by avoiding taking "at risk" people off PSTN for the moment. What they plan to do when they can no longer do that, who knows?