Ofcom has been reviewing the current regulatory regime for authorisation of SIM gateways. In the course of doing so, Ofcom has engaged closely with relevant Government departments on the issues arising. As a result Ofcom no longer intends to consult on changes to the authorisation regime for SIM gateways. Therefore the current legislative framework for authorisation will continue.
The Court of Appeal handed down a declaratory judgment in (1) Office of Communications (2) T-Mobile (UK) Limited v Floe Telecom Limited (in liquidation) Cases A3/2007/0658 and 2007/0665 on 10 February 2009. This judgment is available at the following link:
http://www.bailii.org/ew/cases/EWCA/Civ/2009/47.html
The Court clarified the legal position on use of GSM gateways as follows:
“It is declared that:
- On its proper construction, the Public Mobile Operator Licence issued to Vodafone on 28 January 2002 under section 1(1) of the Wireless Telegraphy Act 1949 does not authorise the use of GSM Gateways (including commercial multi-use GSM gateways (“COMUGS”)) for providing a telecommunications service by way of business to another person.
- In the absence of a licence or exemption granted or made under section 8 of the Wireless Telegraphy Act 2006, the use of GSM gateways (including COMUGs) for the purpose of providing a telecommunications service by way of business to another person is unlawful.”
Ofcom will now proceed to consider our consultation on future regulation of GSM Gateways dated 29 June 2005 and will announce next steps in due course.
Following the Court of Appeal judgment of 10 February 2009 relating to an appeal by Floe Telecom Limited against an Ofcom decision, we are preparing a new consultation document on the authorisation of GSM gateways.
This new consultation will set out updated proposals. We will be taking into account the responses to the consultation of June 2005 and will be keen to receive any new evidence on the subject from stakeholders.
We expect to publish the consultation document in the summer and consult for a period of approximately six weeks.