Starcomm Limited (Case reference: 01344)
| Case Number | 01344 |
| Published date | 17 April 2011 |
| Adjudicated Party | Starcomm Limited |
| Procedure Type | Oral Hearing (Phone-Paid Services Authority) |
1
PHONEPAYPLUS LIMITED
and
STARCOMM LIMITED
ORAL HEARING DECISION
Tribunal members: Michelle Peters (Ch air)
Robert Chilton
David Jessel
1. The oral hearing in this matter took place on 4 April 2011. At the hearing the
PhonepayPlus Executive (“the Executive”) was represented by Selman Ansari of Bates,
Wells & Braithwaite. Starcomm Limited (“Starcomm”) was represented by its
Managing Director, Clive Aldred. Jodie Isaac, Peter Jackson and Sharma Francis of the
Executive, and Mr Aldred of Starcomm gave oral evidence. The clerk to the Oral
Hearing Tribunal (“the Tribunal”) was Alexander Macpherson of Counsel.
Summary of Tribunal’s decision
2. The Tribunal’s decision as to the alleged breaches of the PhonepayPlus Code of
Practice (11th edition) (“the Code”) is as follows:
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2.1. The Tribunal finds that Starcomm was in breach of paragraph 2.1.1(b) of the
Code because it failed to take reasonable steps to prevent the evasion or
undermining of the regulation of premium rate services.
2.2. The Tribunal finds that Starcomm was in breach of paragraph 2.5.1 of the Code
because it failed to provide information as to the length of calls, payments to
service provider, and numbers held by service provider.
2.3. The Tribunal finds that Starcomm was in breach of paragraph 2.5.2(e) of the
Code because it failed to pay over withheld sums to PhonepayPlus.
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2.4. The Tribunal finds that Starcomm was in breach of paragraph 2.1.3 and Annex 1,
para 6.6 of the Code because it failed to provide information as to outpayments
when requested to do so.
3. The Tribunal’s decision as to the sanctions to be applied as a result of the breaches of
the Code is as follows:
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3.1. Formal reprimand;
3.2. Fine of £25,000;
3.3. A 12 month bar on providing its network or services for the carriage of any
category of premium rate services, suspended for a period of 42 days. The bar
will come into effect on expiry of that period unless Starcomm (i) puts in place
suitable systems, to enable it to comply with any future direction under
paragraph 2.5.1(b) of the Code, and provides evidence of such systems, to the
satisfaction of the Executive; and (ii) pays to PhonepayPlus the withheld sum of
£3,945.90.
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3.4. Formal reprimand;
3.5. Fine of £500.
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