Dispute between BT and each of Vodafone, T-Mobile, O2, Orange, H3G and Everything Everywhere about BTs termination charges for 0845 and 0870 calls
| Issuer | Office of Communications |
Disputes between: British Telecommunications plc (BT) and each of Vodafone Limited (Vodafone), Telefonica O2 UK Limited (O2), T-Mobile (UK) Limited (T-Mobile), Orange Personal Communications Services Ltd (Orange), Hutchison 3G UK Limited(H3G) and Everything Everywhere Limited (-1-) (EE) regarding BT's termination charges for calls to 0845/0870 number ranges.
Case opened: 4 March 2010
Case Closed: 10 August 2010
Issue: Ofcom has been asked to resolve these disputes under section 185(1) of the Communications Act 2003 (the Act) concerning termination charges for 0845/0870 calls introduced by BT on 1 November 2009.
Relevant instrument: Ofcom intends to resolve these disputes using its powers under Chapter 3 of Part 2 of the Act.
Update note: 27 July 2012
Ofcom has issued a determination (see related item) to give effect to the Court of Appeals Order dated 25 July 2012 (the Court of Appeal Order). The Court of Appeal Order set aside:
(i) the order given by the Competition Appeal Tribunal (the CAT) in respect of case numbers 1151/3/3/10, 1168/3/3/10 and 1169/3/3/10, dated 12 August 2011 (the CAT Order), except for paragraphs 1(2), 1(5) and 4 thereof), and
(ii) the determinations made by Ofcom on 7 October 2011 (case: CW/01076/09/11), 28 February 2012 (case: CW/01076/09/11) and 2 April 2012 (case CW/01076/09/11) (the Consequential Determinations).
It also restored the following determinations made by Ofcom:
(i) Ofcoms determination made by Ofcom on 5 February 2010 (case: CW/01036/09/09) (the 080 Determination); and
(ii) Ofcoms determination made by Ofcom on 10 August 2010 (case: CW/01042/01/10) (the 0845/0870 Determination).
Further, the Court of Appeal Order ordered that the matter should be remitted to Ofcom pursuant to s.195(4) Communications Act 2003 for Ofcom to direct that:
(i) BT must repay to each of O2, Everything Everywhere, Vodafone and H3G within 28 days of the date of the Court of Appeal Order, such monies as have been paid by each of them to BT pursuant to paragraphs 5 and 6 of the CAT Order and/or the Consequential Determinations that would not have been paid pursuant to the 080 and 0845/0870 Determinations, including, for the avoidance of doubt, amounts paid by each of O2, Everything Everywhere, Vodafone and H3G in respect of periods since the CAT Order; and
(ii) BT must pay interest upon the amounts repayable pursuant to the paragraph above, determined in accordance with paragraphs 12.7 and/or 13.13 of the BT Standard Interconnect Agreement from the date of each such payment until the date of the repayment by BT.
End of update note
Update note: 21 October 2010
On 11 October 2010, Everything...
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