These Determinations set out our final determinations of the disputes submitted by each of:
- Cable & Wireless Worldwide plc (“C&W”) on 21 May 2010;
- Gamma Telecom Holdings Limited (“Gamma”) on 27 May 2010;
- Colt Technology Services (“Colt”) on 18 May 2010;
- Verizon UK Limited (“Verizon”) on 10 May 2010; and
- Opal Telecom (part of TalkTalk Telecom Group PLC) (“Opal”) on 18 June 2010, against British Telecommunications plc (“BT”), each requesting Ofcom to resolve a dispute between the party in question and BT.
We refer to these disputes as the “Disputes” and C&W, Gamma, Verizon, Colt and Opal together as the “Transit Customers” and the Transit Customers and BT together as the “Parties”.
The Disputes relate to the alleged obligation on BT partly to reimburse the Transit Customers for payments made for the transit of traffic to particular Mobile Network Operators (“MNOs”) during various periods between 1 September 2006 and 31 March 2007 (the “Relevant Period”). More specifically, the Transit Customers claim that they are owed a reimbursement of the difference between what they were charged for transit services (both single transit traffic and inter tandem transit traffic) during the Relevant Period and the MCT rates set by the CAT in its judgments of 20 May 2008 (the “TRD Judgment”) and 15 August 2008 (the “Rates Judgment”).
We set out our statutory and regulatory duties and powers in resolving disputes in Annex 2.
This section sets out the introduction and background to the Disputes, and how we have handled the Disputes to date.