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27.
Financial commitments and contingent liabilities
      2005
£m
    2004
£m
 

 
Contracts placed for capital expenditure not provided in the accounts
    735     879  

 
Operating lease payments payable within one year of the balance sheet date were in respect of leases expiring:
             
Within one year
    11     8  
Between one and five years
    43     29  
After five years
    321     330  

 
Total payable within one year
    375     367  

 
   
Future minimum operating lease payments for the group at 31 March 2005 were as follows:
      2005
£m
 

 
Payable in the year ending 31 March:
       
2006
    375  
2007
    376  
2008
    376  
2009
    373  
2010
    370  
Thereafter
    8,587  

 
Total future minimum operating lease payments
    10,457  

 
Operating lease commitments were mainly in respect of leases of land and buildings.
     At 31 March 2005, other than disclosed below there were no contingent liabilities or guarantees other than those arising in the ordinary course of the group’s business and on these no material losses are anticipated. The group has insurance cover to certain limits for major risks on property and major claims in connection with legal liabilities arising in the course of its operations. Otherwise, the group generally carries its own risks.
     The group has provided guarantees relating to certain leases entered into by O2 UK Limited prior to its demerger with O2 on 19 November 2001. O2 plc has given BT a counterindemnity for these guarantees. The maximum likely exposure is US$76 million (£41 million) as at 31 March 2005, although this could increase by a further US$563 million, (£298 million) in the event of credit default in respect of amounts used to defease future lease obligations. The guarantee lasts until O2 UK Ltd has discharged all its obligations, which is expected to be when the lease ends on 30 January 2017.
     The company does not believe there are any pending legal proceedings which would have a material adverse effect on the financial position or results of operations of the group.
     Proceedings have been initiated in Italy against 21 defendants, including a former BT employee, in connection with the Italian UMTS auction. Blu, in which BT held a minority interest, participated in that auction process. The hearings are continuing, in Rome. If the proceedings are successful, BT could be held liable, with others, for any damages. The company has concluded that it is not appropriate to make a provision in respect of any such potential claim.
     The European Commission is formally investigating the way the UK Government has set BT’s property rates and those paid by Kingston Communications. The Commission is examining whether the Government has complied with EC Treaty rules on state aid in assessing BT’s rates. BT’s rates were set by the Valuation Office after lengthy discussions based on well established principles, in a transparent process. In BT’s view, any allegation of state aid is groundless and BT is confident that the Government will demonstrate the fairness of the UK ratings system. A finding against HM Government could result in BT having to repay any amount of state aid it may be determined to have received. The company has concluded that it is not appropriate to make a provision in respect of any such potential finding.

 

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