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Dispute between Kingston Communications and BT regarding BT's
notification of changes to payments to operators
Complainant: Kingston Communications
Complaint against: BT
Case opened: 8 September 2003
Case closed: 17 October 2003
Relevant instrument: Chapter 3 of Part 2 of the Communications
Act 2003.
Kingston withdrew this dispute on 16 October 2003. Oftel has therefore
closed the case.
Case Leader:
Louise Marriage (020 7634 8825 e-mail
louise.marriage@oftel.gov.uk
Case Reference: CW/00673/08/03
Text published
when case opened
Dispute
between Kingston Communications and BT regarding BT's notification
of changes to payments to operators
Complainant: Kingston Communications
Complaint against: BT
Case opened: 8 September 2003
Relevant instrument: The Director intends to consider the
matter under Chapter 3 of Part 2 of the Communications Act 2003.
Issue
Kingston believes that a proposal by BT to introduce reduced payments
to operators with retrospective effect undermines Kingston's ability
to compete with BT. Kingston therefore requests that BT be required
to notify any reduction in payments to Kingston at least 90 days
in advance of the date on which such a reduction is to come into
effect.
Kingston's
request for dispute resolution is supported by Thus plc.
Background
BT sent operators including Kingston a pricing letter dated 4
July 2003 in which it asked them to accept reductions to payments,
with retrospective effect from 1 June 2003.
Scope of
the dispute
The Director will consider the procedures by which BT notifies
changes to the payments it makes to operators. The Director will
determine whether BT should be required to notify Kingston of
any reduction in payments to Kingston at least 90 days before
such a reduction comes into effect.
The Director
will not consider the level of charges in this particular case.
The Director's consideration of this issue does not fetter his
discretion to determine that revised charges or prices should
apply retrospectively as the result of the resolution of any dispute.
Procedural
matters
The resolution of the dispute is subject to the procedures set
out in the joint statement by Oftel and the Radiocommunications
Agency Dispute resolution under the new EU Directives of 28 February
2003.
All representations
on the scope of the dispute should be submitted to Oftel by 15
September 2003.
Stakeholders
interested in the outcome of this dispute should notify Oftel
by 15 September 2003 describing the relevance of the outcome of
the dispute to their business.
Stakeholders
with relevant information and evidence in respect of this dispute
should submit this to Oftel by 29 September 2003.
Case Leader:
Louise Marriage (020 7634 8825 e-mail:
louise.marriage@oftel.gov.uk)
Case Reference: CW/00673/08/03
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