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.
Biting the hand that feeds IT
