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Some of the issues being considered in the context of Ofcom’s consultation on the future regulation of GSM gateways were considered in the context of an appeal brought by Floe Telecom Limited (in administration) before the Competition Appeal Tribunal against a decision by Ofcom under the Competition Act 1998. The judgment in that appeal was issued on 31 August 2006. On 22 November 2006 Ofcom applied to the Tribunal for permission to appeal to the Court of Appeal against the Tribunal's judgment. Ofcom does not currently consider that it would be appropriate to conclude on its future policy until the outcome of that application is known.

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