Investigation into BT's conduct during the tender of the NIPSSN contract

11 December 2020

Closed

Investigation into British Telecommunications Plc (BT)
Case opened 4 April 2019
Case closed 11 December 2020
Summary

The investigation considered whether BT complied with relevant SMP conditions set out in the Fixed Access Market Review 2014 and the Wholesale Local Access Market Review 2018. Specifically, Ofcom considered:

  • whether BT provided network access on reasonable request and on fair and reasonable terms, conditions and charges as required by SMP condition 1;
  • whether BT unduly discriminated against other communications providers as prohibited by SMP condition 4; and/or
  • whether BT provided network access on an Equivalence of Inputs basis as required by SMP condition 5.

We have found that, during the 2017/18 tender for the Northern Ireland Public Sector Shared Network contract, BT breached its regulatory obligations by failing to provide network access to its Fibre on Demand product to the two bidders – BT and Eir – on an Equivalence of Inputs basis.

Relevant legal provision(s)

SMP conditions 1, 4 and 5 of the Fixed Access Market Review 2014 and the Wholesale Local Access Market Review 2018.

Ofcom has today published a non-confidential version of the confirmation decision issued to BT on 11 December 2020.

Non-confidential Confirmation Decision served on British Telecommunications Plc (PDF, 1.2 MB)


Contact

Enforcement team (enforcement@ofcom.org.uk)

Case reference CW/01240/04/19