STATEMENT: Response from CityFibre regarding CAT order to quash OFCOM’s Business Connectivity Market Review (BCMR)

Mark Collins, Director Strategy & Policy at CityFibre, commented:

“CityFibre acknowledges and welcomes the Competition Appeals Tribunal’s order which quashes Ofcom’s BCMR in its entirety.

It is now imperative that Ofcom reconsiders and redefines its assessment of the market to reflect the accelerated rollout of full-fibre demanded by the government and being delivered by the likes of CityFibre. Ofcom needs to take to heart the strong criticisms made by the CAT.

However, whilst the quashing of the BCMR is welcome, Ofcom’s response today appears to double down on its misguided approach to assessing the scope for competition whilst maintaining its flawed fixation with regulated dark fibre access. It’s pessimism about the prospects for real, infrastructure-based competition perversely restricts alternative providers’ ability to compete.

We will study the proposals carefully, but regret that Ofcom does not yet seem to have taken the opportunity for a fundamental and much needed rethink. As a company that is making substantial investments in the UK’s full fibre infrastructure, what we value above all else is predictable and rational regulation, rather than a ‘make do and mend’ strategy that simply puts sticking plasters over past errors. In a rules-based system, the referee as well as the players must abide by the rules of the game.”

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