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Migration Access Codes Facts and Myths

Most people know the process for switching between mobile phone companies. You simply ring up your existing service provider and ask them for your Porting Authorisation Code (PAC). If they are unsuccessful in persuading you to stay they are legally bound to issue you with your PAC which you give to your new service provider to transfer your number.

A similar process has always existed in the broadband world however until recently your ISP has not been obliged to issue you with your Migration Authorisation Code (MAC) as adherence to the code has been voluntary.

On 14th February 2007 Ofcom changed all that and General Condition 22 relating to the migration of broadband users was incorporated into the Communications Act 2003 and became law. Ofcom issued 93 pages of pre-amble, explanation and legal wording and three months on many ISPs and Resellers are still unsure of where they stand.

In this Expert Witness we tackle the facts and myths around General Condition 22 (GC22) and broadband MACs.

This new legislation only applies to ISPs not Virtual ISPs

MYTH - if you hold the contract with the End User then you are the company obliged to validate the request and issue the MAC. This includes all white label VISPs and if there is a Communications Provider above you then you need to confirm the process for issuing MACS with them so that you do not fall foul of the five day rule.

I can refuse to give out a MAC if the End User represents a company of more than 10 individuals

FACT - GC22 describes an End User as “…not a person who is acquiring the Broadband Service in respect of an undertaking carried on by him for which more than ten individuals work (whether as an employee or volunteer or otherwise)”. GC22 was designed to protect individuals and small companies, not large enterprises, however we believe that this is one area that may be tested in the courts.

I do not have to give out a MAC if the End User owes me money

MYTH - GC22 specifically prohibits you from withholding a MAC for non-payment, or charging for it. If you think you have a case you have to hand over the MAC and then take your End User to the Small Claims Court.

I do not have to give out MACs over the telephone

FACT – You are obliged to give your End Users two methods from; email, post or telephone to make their request and you have five working days to comply. If you are unable to reasonably identify the person making the request as the End User or a representative of the End User you can refuse to issue a MAC.

This represents only a few of the questions we get asked about General Condition 22 and if you have a specific query email gc22@griffin.com and we will help you if we can. Ofcom are reluctant to answer questions on GC22 as they feel that areas of ambiguity should be tested in the courts. However you can contact them at www.ofcom.org.uk.

Source: Comms Business Magazine June 2007.