Dear Ofcom team,

Please find below the Federation of Communication Services (FCS) response to your consultation “Proposal to amend the Mobile Trading Regulations”. We have not provided answers to your individual questions, but we do have a couple of important points of principle to share. I can confirm that our response is not confidential, and we are happy for it to be shown on the Ofcom website.

The FCS represents companies which provide professional communications solutions to business users. Our members deliver telecommunications services via mobile and fixed line telephony networks, broadband, satellite, wi-fi and business radio. Our members’ customers range from SMEs, home-workers and micro-businesses up to the very largest private enterprises and public sector users. FCS is the largest trade organisation in the professional communications arena, representing the interests of circa 350 businesses which supply B2B services nationwide.

The FCS welcomes the removal of regulations that encourages competition, reduces costs within the industry and promotes smooth operations. Therefore, as a matter of principle we are supportive of the proposal to amend the Mobile Trading Regulations to remove the requirement to pay any outstanding ALF instalment payments upfront before a trade. However, we note that this is one of a number of recent changes that benefit MNOs and are concerned that without appropriate regulatory safeguards, the cumulative effect will be to strengthen the position of the MNOs to the detriment of smaller CPs and resellers. The FCS believes that Ofcom should ensure that benefits of de-regulation are felt across the industry and suggests that its time and focus could be better spent by reviewing access to mobile services across the supply chain. Currently, smaller CPs and resellers have no “right” to mobile access and prices are set on commercial terms, which the smaller CPs and resellers are powerless to influence. The FCS believes that Ofcom should be addressing these fundamental issues within the mobile market.

Please let me know if you would like to discuss our response in more detail and it would be very helpful if you could confirm receipt of our response.

Many thanks,

Stef

Stefanie Norman

Head of Regulation and Public Affairs

For the Federation of Communication Services