Adopt self- or co-regulation

BT’s response to OFCOM’s consultation “Initial Assessments of when to adopt Self- or Co-regulation”

6 June 2008

EXECUTIVE SUMMARY

BT believes that Ofcom’s current consultation on Initial Assessments represents a good starting point for discussion on how the regulation of new – and more mature – issues should be approached. BT believes that Ofcom should operate with a bias against intervention, suggesting that in the first instance markets should be allowed to address problems that arise, and where that alone is insufficiently effective, self-regulatory initiatives should be given a chance to flourish. There is then a spectrum through different co-regulatory models through to formal regulation.

The structure of steps and criteria that Ofcom set out here is helpful, but is perhaps somewhat mechanistic. The structure could be developed and used in conjunction with other approaches; in particular there should be a far greater emphasis on engagement with stakeholders prior to deciding on an approach than is suggested by this consultation.

In relation to co-regulatory initiatives, greater importance than implied here should be given to getting any terms of reference right. These should include:-

• the funding
• the decision making including voting arrangements
• time lines for addressing the issues and
• the lifespan of any new, or existing co-regulatory body.

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