On 27 July 2004 Ofcom published a consultation document in which it proposed that Condition 69A of Vodafone and O2's licence (the "National Roaming Condition") should be discontinued. The National Roaming Condition had been continued on a temporary basis after 25th July 2003 pending Ofcom's decision on whether it should be replaced with an access-related condition. Interested parties were invited to comment by 16 September 2004.
Ofcom considers that the planned tendering exercise by 3 may provide further relevant information (in addition to the information received following the July 2004 consultation) with regard to its decision on whether to impose an access-related condition to replace the National Roaming Condition. Ofcom has therefore concluded that, for the time being, it is appropriate to postpone making that decision. The National Roaming Condition will therefore remain in force until such time as Ofcom has reached a decision on whether to replace the National Roaming Condition.
Ofcom has a duty under paragraph 9(11) of schedule 18 of the Communications Act 2003 as soon as reasonably practicable after giving a continuation notice to take all steps necessary to enable it to decide whether or not to set a condition for the purpose of replacing the continued provision.
It should be noted that, subject to giving reasonable notice, Ofcom may decide at any time that it is appropriate in all the circumstances to conclude the consultation exercise and issue a statement of its final decision on the discontinuation of the National Roaming Condition without further delay.