ComReg Notifies UPC of a Finding of Non-Compliance with respect to Notification of Proposed Changes to Contract Terms and Conditions

So looks like UPC have been found not complying with
Regulation 17(4) and Regulation 17(5) of the Universal Service Regulations. The Commission for Communications Regulation (ComReg) have notified them of this non-compliance this week so we have to wait and see what happens...

It is unclear from ComReg's notification if it was the price increases on 04 Jan 2011 or the changes to terms and conditions that have resulted in UPC's non-compliance. It's worth noting that the media have been reporting that it is related to the price increases but there is evidence that UPC have been changing their T&Cs on their website without notifying customers for some time too. :/

The regulations in question are:
  1. An undertaking referred to in paragraph (1) or a provider of electronic communications services referred to in paragraph (3) shall, not less than one month prior to the date of implementation of any proposed modification, notify its subscribers to that service —
    1. of the proposed modification in the conditions of the contract for that service, and
    2. their right to withdraw without penalty from such contract if they do not accept the modification.
  2. A subscriber referred to in paragraph (4) may withdraw from his or her contract with the undertaking or provider, without penalty if he or she does not accept a proposed modification referred to in paragraph (4).
S.I. No. 308/2003 — European Communities (Electronic Communications Networks and Services)(Universal Service and Users' Rights) Regulations 2003

The above legislation is a result of Directive 2009/136/EC of the European Parliament and of the Council:

Article 20 in the directive states:

  1. Member States shall ensure that subscribers have a right to withdraw from their contract without penalty upon notice of modification to the contractual conditions proposed by the undertakings providing electronic communications net­ works and/or services. Subscribers shall be given adequate notice, not shorter than one month, of any such modifica­tion, and shall be informed at the same time of their right to withdraw, without penalty, from their contract if they do not accept the new conditions. Member States shall ensure that national regulatory authorities are able to specify the format of such notifications.

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