On 22nd September 2005 Ofcom accepted BT’s undertakings pursuant to section 154 of the Enterprise Act 2002 (“the Undertakings”) addressing Ofcom’s competition concerns through, inter alia, the implementation of what has been termed “Equality of Access” for all communications providers. This document sets out Ofcom’s decision to vary certain of the Undertakings regarding the separation of Management Information Systems (“MIS”) in accordance with the proposals contained in the consultation BT MIS Separation published on 7th September 2006.
It remains Ofcom’s view that the proposed variation does not constitute a material variation to the Undertakings and that the Undertakings continue to represent a comprehensive solution as is reasonable and practicable to the adverse effects on competition identified. Ofcom has therefore determined to vary the Undertakings as set out in our consultation and summarised in paragraph 1.4 above. The exact wording of the variation can be found in Annex 1 to this statement.