Joint Decision on Broadband Access Market: BT = SMP

The outgoing UK telecommunications regulator Oftel and the incoming converged communications regulator Ofcom today agreed on a joint draft decision on the regulation of the UK�s wholesale broadband access market.

The decision follows the publication earlier this year of a consultation document setting out the terms of a market review of wholesale broadband services. The scope of that review included proposed definitions of broadband and an analysis of the extent of competition in the wholesale market.

Ofcom/Oftel said,

‘It is also clear that at this point in time there is a national and distinct market in wholesale broadband services, and that BT is the dominant provider of those services. As such, both Oftel and Ofcom found that BT had Significant Market Power (SMP).‘

The market reviews are conducted under the terms of the EU Regulatory Framework for electronic networks and services and replace the existing regulatory regime for telecommunications.

Oftel and Ofcom are therefore proposing the following regulatory obligations on BT:

Requirement to provide Network Access on reasonable request
Requirement not to unduly discriminate
Requirement to publish a reference offer
Requirement to notify terms and conditions
Requirement to notify technical information
Requirement to provide quality of service information
Requirement to establish a statement of requirements for new access
Requirement to have accounting separation