On 1 October 2012, Ofcom published their provisional conclusions in a dispute between BT and each of Everything Everywhere, H3G and Telefónica. BT’s Standard Interconnect Agreement governs telephony services provided by both BT and the other operators party to the agreement. The mobile network operators submitted a dispute to Ofcom concerning clauses relating to charges. The relevant provisions permit BT to amend charges unilaterally while other operators require prior agreement from BT to amend their charges. Ofcom have provisionally concluded that, while asymmetrical, the provisions are fair and reasonable. Ofcom consider that there are benefits of stability in the current regime, as BT is a significant transit provider and acts as a gateway to price fluctuations from other operators. Further any potential detriments under the regime, such as BT’s ability to introduce unilateral price changes without commercial consultation, are in Ofcom’s view constrained by regulation, which enables operators to submit a dispute over prices to Ofcom for resolution.
Ofcom expect to issue a final determination at the end of November 2012.
For more information about the dispute please go to: