In the consultation entitled Business Connectivity Market Review, Review of the retail leased lines, wholesale symmetric broadband and wholesale trunk segments published on 17 January 2008 (the January 2008 Consultation) we preliminarily proposed to find KCOM to have Significant Market Power (SMP) in this market. This preliminary conclusion was partly based on an understanding that only KCOM was selling a small number of circuits in this market, and, as a result, it had a 100 per cent market share of the existing market. Following the closure of the consultation period, KCOM provided a revised set of data which showed how the circuits previously considered to be sold in the Hull area were indeed provided outside the Hull area. It therefore become apparent that there are no high bandwidth AISBO circuits sold in the Hull area As a result, we revised our proposal. For this market alone, we consulted in the December 2008 Consultation on a revised proposal that no undertaking has SMP in this market.
Now, having considered all the evidence available to us and all the responses to the consultation, we have decided to confirm our proposal and not to find any undertaking, jointly or individually, with SMP in the high bandwidth AISBO market in the Hull area.
This statement completes the review of retail and wholesale leased lines markets in the UK, and should be considered as complementing the December 2008 Statement. The review has been carried out in accordance with the requirements of the European regulatory framework and the Communications Act 2003 (the Act). Full account has also been taken of the ECs SMP Guidelines and relevant guidelines and common positions produced by the European Regulators Group.