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

04 April 2019

Open

Investigation into British Telecommunications Plc (BT)
Case opened 04 April 2019
Summary

The investigation will consider 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 will consider:

  • 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.
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 opened an investigation under the Communications Act 2003 in relation to BT’s conduct during the tender of the Northern Ireland Public Sector Shared Network contract, which will provide network services to a number of public sector organisations in Northern Ireland.

The investigation will consider 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 will consider:

  • 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.

Ofcom will provide a further update in due course.


Case leader

Joe Woolmer (email: joe.woolmer@ofcom.org.uk)

Case reference CW/01240/04/19