1.1 In this consultation we reconsider a number of issues remitted back to Ofcom by the Competition Appeal Tribunal ('CAT') following the disposal of the Leased Lines Charge Control appeal ('the LLCC Appeal') on 20 September 2010. The remitted issues relate specifically to the cost recovery approach for Points of Handover ('POHs') used to deliver Partial Private Circuits ('PPCs').
1.2 A POH is a high capacity link, which connects an Other Communication Provider's ('OCP') network with that of BT's and comprises the physical infrastructure (duct and fibre) as well as electronics at both or one end of the link. It is therefore an important component which enables infrastructure based competition.
1.3 BT recovers some of the PPC POH costs from OCPs through a combination of connection and rental charges. BT also levies an additional charge on all circuits delivered over a POH, aimed at recovering that element of costs not recovered via the previous two charges (the 'additional POH costs'). The recovery of these additional POH costs is the subject of this consultation document.
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