On 1 August 2011, the CAT upheld an appeal by BT, finding that Ofcom had erred in determining that BT's changes to termination charges for calls to 080, 0845 and 0870 numbers were not fair and reasonable, and held that BT had the right to impose certain specified network charge change notices (NCCNs) when it had sought to do so. In light of the decision of the CAT (and a further decision and Order from the CAT), the case was remitted back to Ofcom.
Ofcom has now made a determination which gives effect to those directions made in the Order that are capable of being implemented immediately. This gives effect to paragraphs 5(1) and 5(2) of the Order i.e. that the three NCCNs issued by BT do stand, and that the mobile network operators (Everything Everywhere, Hutchison 3G UK Limited, Vodafone Limited and Telefonica O2 UK Limited) do pay the termination rates due under these NCCNs to BT.