Ofcom published its final determination regarding the dispute between Opal Telecom, BSkyB and Openreach about charges for local loop unbundling (LLU) services between June 2009 and October 2010.
Further to Ofcom’s consultation on its draft determination on 15 June 2011, Ofcom have declared that, while there are arguments for making Openreach repay an amount to reflect the adjustments to Ofcom's LLU price control (following the Carphone Warehouse's appeal against Ofcom's 2009 decision on the LLU charge control), Openreach did charge an amount that complied with the regulatory obligations of the time. It would, therefore, be unjust to make them repay these sums.
In arriving at its final determination, Ofcom emphasised that a party’s claim for fairness (i.e. that it should be able to pass price increases through to customers) must be tempered with a stakeholder’s need to rely on regulatory obligations that apply.