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Investigation into BT Group’s compliance with an information request (administrative charges)

14 August 2019

Closed

Investigation into BT Group
Case opened 14 May 2018
Case closed 09 August 2019
Summary

This investigation examined BT’s compliance with a statutory information request issued by Ofcom in 2011 under section 135 of the Communications Act 2003 (the ‘Act’), which sought information relating to BT’s relevant turnover for the purposes of setting Ofcom’s administrative charges.

Relevant legal provision(s)

Section 135 of the Communications Act 2003

Ofcom’s work is funded by (among other things) administrative charges payable by certain providers of electronic communications networks and services. BT is one such provider.

In June 2011, we published on our website a General Demand for Information (the ‘2011 GDI’), under section 135 of the Act. The 2011 GDI required BT, among others, to provide us with information relating to their turnover. We use this information to set the level of administrative charges paid by those companies that contribute to our budget.

In May 2018, BT formally reported to us that it believed it had incorrectly stated its turnover information for the years 2011, 2012, 2013, 2014 and 2015. Following an investigation, we have determined that BT provided inaccurate information in response to the 2011 GDI, and has therefore breached section 135 of the Act. A non-confidential version of our decision is available (PDF, 224.2 KB).

BT has cooperated fully with our investigation and has agreed not to contest our findings. On 29 July 2019, BT paid the outstanding administrative charge due to us, as well as an additional interest payment. In total, BT paid £3,727,330 to us.

This payment will be deducted from the calculation for our networks and services budget for the next charging year (i.e. the charging year commencing on 1 April 2020).


Case leader

Samuel Hinkley (Samuel.hinkley@ofcom.org.uk)

Case reference CW/01213/01/18