Reply to post:

Ofcom sees off legal threat over 5G auction terms

Roland6 Silver badge

Problem with Ofcom at the moment is that the large telcos are pulling the strings and Sharon White is just being a puppet. Ofcom is meant to be on the side of the consumer, not on the side of the large telcos.

I think this gives real grounds for further appeal.

Ofcom's legal obligations are clear:

Section 3(1): "It shall be the principal duty of Ofcom, in carrying out their functions;

(a) to further the interests of citizens in relation to communications matters; and

(b) to further the interests of consumers in relevant markets, where appropriate by promoting competition”

[Source: https://www.ofcom.org.uk/about-ofcom/what-is-ofcom also see http://www.legislation.gov.uk/ukpga/2003/21/notes/division/2 ]

However, the judge was very clear in his summing up:

In the Decision it sought to strike a delicate balance between protecting competition and consumers, on the one hand, and setting restrictive caps which were not disproportionate to BT/EE.

[Source: https://www.ispreview.co.uk/index.php/2017/12/court-rules-favour-ofcom-ee-three-uks-5g-spectrum-fight.html]

Nowhere in Ofcoms regulatory duties is it required to "strike a delicate balance...".

So Ofcom now need to justify its approach wholly within the confines of its legal and regulatory obligations.

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