Draft communications bill issued by the DTI/DTMS


BT Response to the consultation Draft communications bill issued by the DTI/DTMS

Download full response in PDF format.

Download Annex A response in PDF format.

Download Annex B response in PDF format.

Executive summary

BT strongly supports the draft Communications Bill's core objectives of creating a converged regulator to address the issues of a converging communications industry.  We believe the draft Bill takes a realistic and balanced approach to many of the fundamental issues, in particular;

  • combining stronger enforcement powers with appeals on merit against the regulator's decisions,

  • acknowledging the inevitability of conflict between the many, individually desirable, objectives laid on OFCOM, and requiring the regulator transparently to address these conflicts on a case by case basis rather than attempting to establish priorities in advance,

  • appropriate regulation of the internet,

  • establishing an independent Consumer Panel, and

  • keeping the need to remove unnecessary rules in the mind of OFCOM by creating a duty to review regulation regularly.

It is clear that the draft Bill has been drafted in a way that provides OFCOM with wide discretion in how certain duties will be interpreted.  This is not an insignificant issue: OFCOM's interpretation will potentially have a material impact on the regulated companies and markets.  This discretion needs to be balanced by meaningful accountability, the genuine adoption of good regulatory principles and enforcement procedures that incorporate basic legal safeguards.

Our response is designed to promote the achievement of the goals of the draft Bill and we make suggestions in the following areas: good regulation and accountability; translating policy into the Bill; legal; and structures and relationships.

BT would welcome further discussion on the contents of this paper with interested parties. In the first instance comments, questions, requests for further details or points of clarification should be addressed to:

Antony Clark
BT Regulatory Affairs
5th Floor
Dowgate Hill House
14-16 Dowgate Hill
London
EC4R 2SU

020 7728 4098
antony.clark@bt.com