This statement sets out Ofcom's decision on consents to disapply BT's SMP services conditions that require the notification of charges, terms and conditions and technical information in respect of certain products and services relating to local loop unbundling ("LLU") and LLU backhaul.
On 16 December 2004, Ofcom consulted on consents to disapply BT's SMP services conditions that require the notification of charges, terms and conditions and technical information in respect of certain products and processes relating to LLU and LLU backhaul. The consultation arose as a result of the Adjudicator and BT raising concerns with Ofcom that the notification periods could potentially delay the introduction of a set of deliverables that had been agreed by those participating in the Telecommunications Adjudication Scheme for the implementation of fit for purpose LLU products and processes during 2005 (the "set of deliverables").
Ofcom has considered carefully all the responses to the December consultation.On balance it considers that it should consent to disapply the notification requirements set out in the relevant SMP conditions until December 2005, on the basis that the notification periods may unnecessarily delay the implementation of fit for purpose products and processes to the detriment of LLU operators and the development of LLU.
Ofcom notes that BT has given a voluntary undertaking to provide 28 days'notice of any changes or new services covered by the consent, unless otherwise agreed with Ofcom. Ofcom considers that this will provide useful protection to LLU operators but will allow for flexibility in cases where a shorter notification is appropriate.