Unsolicited Telephone Calls (Caller Line Identification) Bill (HC Bill 126)

A

BILL

TO

Require disclosure of caller line identification by non-domestic callers; to
require Ofcom to consider applications for exemption from such disclosure; to
provide that telephone providers may not make a charge for providing caller
line identification; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Amendment of the Privacy and Electronic Communications (EC Directive)
Regulations 2003

(1) The Privacy and Electronic Communications (EC Directive) Regulations 2003
(S.I. 2003/2426S.I. 2003/2426) (“the Regulations”) are amended as follows.

(2)
5In regulation 2(1), between the definitions of “the Directive” and “electronic
communications network”, insert—

  • “domestic caller” means any subscriber or user, other than a non-
    domestic caller, who uses a public electronic communications
    service for the purpose of making a call;

(3) 10In regulation 2(1), between the definitions of “location data” and “OFCOM”,
insert—

  • ““non-domestic caller” means—

    (a)

    a corporate subscriber that uses a public electronic
    communications service for the purpose of making calls; or

    (b)

    15any other subscriber or user who uses a public electronic
    communications service for the purpose of making unsolicited
    calls for direct marketing purposes;”

(4) In regulation 10(1), after the words “to outgoing calls” insert the words “made
by a domestic caller”.

Unsolicited Telephone Calls (Caller Line Identification) BillPage 2

(5) After regulation 10, insert—

10A Provision of calling and connected line identification - outgoing calls

(1) This regulation applies to outgoing calls made by a non-domestic
caller.

(2)
5The provider of a public electronic communications service shall
provide users originating a call by means of that service with a facility
to enable the presentation of calling line identification and connected
line identification to the recipient of the call.

(3)
Non-domestic callers shall ensure that calling line identification and
10connected line identification is presented to the recipient of an outgoing
call, unless the recipient makes use of a facility provided under
regulation 11(2).

(4)
Where OFCOM determines that there are reasonable grounds to
exempt a non-domestic caller or group of non-domestic callers from the
15requirements in paragraph (3), it may issue a notification under this
regulation.

(5) A notification under paragraph (4) is one which—

(a) states that the non-domestic caller or group of non-domestic
callers is exempt from the requirements in paragraph (3);

(b) 20specifies the period during which the exemption applies;

(c) imposes any conditions on the exemption that OFCOM believes
are appropriate.

(6) OFCOM must arrange for the publication of any notifications made
under paragraph (4) in such form and manner as it considers
25appropriate.

(7) OFCOM must consider an application for a notification under
paragraph (4) made by a non-domestic caller or group of non-domestic
callers.

(8) OFCOM may prepare and issue guidance (including altered or
30replacement guidance) in relation to notifications under paragraph (4),
including as to—

(a) factors that might affect whether a notification under paragraph
(4) is or is not given; and

(b) the procedure that OFCOM will adopt in considering
35applications made under paragraph (7).

(9) OFCOM must arrange for the publication of any guidance issued under
paragraph (8) in such form and manner as it considers appropriate.

(10) In this regulation “recipient” means a subscriber whose line is the called
line or connected line with regard to an outgoing call made by a non-
40domestic caller.

(6) After regulation 11(1), insert—

  • (1A) The provider of a public electronic communications service
    shall provide subscribers to the service with a facility enabling
    the presentation of the calling line identification and connected
    45line identification of incoming calls to the subscriber’s line.

  • Unsolicited Telephone Calls (Caller Line Identification) BillPage 3

  • (1B) The facility to be provided under paragraph (1A) shall be
    provided free of charge.

(7) In regulation 11(2), delete the words “Where a facility enabling the
presentation of calling line identification is available”.

(8) 5In regulation 11(3), delete the words—

(a) “Where a facility enabling the presentation of calling line identification
prior to the call being established is available”; and

(b) “where the presentation of the calling line identification has been
prevented by the calling user or subscriber”.

(9) 10In regulation 11(4), delete the words “Where a facility enabling the
presentation of connected line identification is available”.

(10) In regulation 12, for the words “Where a provider of a public electronic
communications service provides facilities for calling or connected line
identification, he shall provide information to the public regarding the
15availability of such facilities” substitute the words “A provider of a public
electronic communications service shall provide information to the public
regarding the availability of calling or connected line identification facilities”.

2 Short title, commencement and extent

(1) This Act may be cited as the Unsolicited Telephone Calls (Calling Line
20Identification) Act 2014.

(2) The provisions of this Act shall come into force on such day as the Secretary of
State may appoint by order made by statutory instrument.

(3) An order under subsection (2) may appoint different days for different
purposes.

(4) 25This Act has the same extent as the Regulations.