The issue of the migration of end-users between different providers of intermediate products was considered by Oftel, partly as a result of responses to the first consultation on the WBA market review and partly in response to a dispute that was referred to it. The functions and powers of Oftel were assumed by Ofcom on 29 December 2003. Ofcom set out its proposals on the migration issue in the form of a consultation document and draft Direction on 28 April 2004. The view and proposals set out in that document were based on Ofcom's proposed findings in the second consultation document on the WBA market review (published on 16 December 2003), which at that time had not been completed.
Ofcom completed the WBA market review by publishing a final statement on 13 May 2004. Ofcom concluded that BT has SMP in the following markets:
(i) the asymmetric broadband origination market in the UK (excluding the Hull area); and
(ii) the broadband conveyance market in the UK.
Given the position of SMP held by BT in those markets, i.e. its ability to behave to an appreciable extent independently of competitors, customers and ultimately consumers, Ofcom imposed a number of SMP services conditions, including the requirement to provide Network Access on reasonable request, and on reasonable terms, conditions and charges.