Avanti CSP

Ref: 1-114636513
26 May 2009
By email: JOHN INGHAM
[1][email address]

[email address]

Dear Sir / Madam

Thank you for your email to Ofcom dated 24 April 2009 about Avanti. Your
request for information has been considered under the Freedom of
Information Act 2000 (`the Act').

You asked:

· Does Avanti (https://www.avantiplc.com/) have an approved Code of
Practice and Alternative Dispute Resolution Provider as required by the
Communications Act 2003

· Has Avanti filed a the appropriate declaration of revenue for
2007/8 as per section 34 and 38 of the Communications Act 2003

Avanti does not have a code of practice which has been approved by Ofcom.
Avanti is not a member of either of the two Ofcom approved Alternative
Dispute Resolution schemes.

In relation to your request about whether Avanti has filed a declaration
of revenue, we are unsure which year you are asking about and so we have
tried to cover all the possibilities in this letter.

Under s.38 CA03, the activities in relation to which we impose a charge
are those that generate "relevant turnover" of £5 million or more in the
last but one calendar year prior to the financial charging year in
question. You will find the lists of providers who pay administrative fees
in each financial year, which are those that have self-certified that they
have relevant turnover in excess of £5m in the relevant calendar year, on
our website at [2]www.ofcom.org.uk/telecoms/ioi/adminfees/

If you are asking about filings of revenues for Ofcom's 2007/8 charges,
the relevant calendar year is 2005. If you are asking about filings of
revenues for the calendar year 2007, that relates to our charges for
2009/10. Avanti has not self-certified that it has relevant turnover in
excess of £5m in either of these years. If you are asking about filings
of revenues for the calendar year 2008, that relates to our charges for
2010/11, which you will see is not yet available. These figures will be
published in March 2010.

However, if you wish to find out whether Avanti has filed a
self-certification at all, we are prohibited from disclosing this
information without their consent. This falls under the exemption in
section 44 of the Act. Under this section, information which we hold on
this subject is exempt from disclosure since it was obtained in exercise
of a statutory power and disclosure is prohibited under section 393(1) of
the Communications Act 2003. Section 44 is an absolute exemption under the
Act and does not require a public interest test. We trust that the
information provided satisfies your query, but if you would like us to
seek Avanti's consent, please let us know.

You should ensure that when using the provided information in any way,
including publishing the information, you comply with all relevant
legislation. For example, the information provided may be protected by
copyright under the Copyright, Designs and Patents Act 1988 (as amended).
If in doubt, please seek independent legal advice. For Ofcom's policy on
copyright and related issues, please refer to our website at
[3]http://www.ofcom.org.uk/about/accoun/dis....

If, having read this information, you have any queries, please email
[4][Ofcom request email]. Please quote the reference number
above in any future correspondence.

Yours sincerely

John Ingham

Ofcom Consumer Services, Telecoms Team

If you are unhappy with the response or level of service you have received
in relation to your request from Ofcom, you may ask for an internal
review. If you ask us for an internal review of our decision, it will be
treated as a formal complaint and will be subject to an independent review
within Ofcom. We will acknowledge the complaint and inform you of the
date by which you might expect to be told the outcome.

The following outcomes are possible:

o the original decision is upheld; or

o the original decision is reversed or modified.

Timing

 If you wish to exercise your right to an internal review you should
contact us within two months of the date of this letter. There is no
statutory deadline for undertaking internal reviews and it will depend
upon the complexity of the case, but we aim to conclude all internal
reviews within 2 months. If you wish to request an internal review, you
should contact:

Graham Howell

The Secretary to the Corporation

Ofcom

Riverside House

2a Southwark Bridge Road

London SE1 9HA

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

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References

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