Energy smart data and potential consumer detriment
Energy smart data under the DUAA: DESNZ’s proposals compared with telecoms, water, road fuel and open banking, through the potential consumer detriment in each market.
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NFC access conduct requirement: what the CMA’s iPhone proposal means for payment initiation
In short: Under the NFC access conduct requirement that the Competition and Markets Authority (CMA) proposed on 20 October 2026, Apple would have to open the iPhone’s contactless chip to other apps, including for account-to-account payments, on fair and reasonable terms. For a payment initiation provider, the fee structure and the security evidence Apple may…
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CMA merger counterfactual: the rival bidder in nexfibre/Substantial
In short: The CMA merger counterfactual in nexfibre/Substantial is, provisionally, a purchase of Substantial by CityFibre, the rival bidder in the 2025 sale process, followed by a sale of its retail businesses. Measured against that, the CMA provisionally found on 2 October 2026 that the deal may be expected to lessen competition substantially in wholesale…
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Ofcom number misuse: what General Condition B1 requires of providers
In short: In Ofcom number misuse investigations opened on 24 September 2026 into Vonage Business Limited and Voxbone SA, Ofcom is examining whether each provider took all reasonably practicable steps to secure that its business customers, in using telephone numbers, complied with Ofcom’s numbering rules (General Condition B1.8), and met the duties on effective and…
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Openreach NTO offer: Ofcom’s approach to enforcing SMP conditions
In short: The Openreach NTO offer, a national discount for internet service providers (ISPs) that win new full-fibre customers, must be withdrawn by 30 September 2026. Ofcom found its prices not fair and reasonable under SMP Conditions 1.3 to 1.5 and did not intervene in the other notified offers, in its statement of 28 September…
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Copper retirement second threshold: Ofcom leaves the post-2031 rules undefined
In short: The copper retirement second threshold changes on 1 April 2029: from that date Openreach may exclude 10% of the premises in an exchange area, so 90% ultrafast coverage replaces 100%. Ofcom decided this on 9 September 2026. The mechanism operates for two years, and Ofcom expects conditions for full copper deregulation from 2031….
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WRC-27: the UK proposes to oppose IMT identification in three of four bands
In short: WRC-27 will decide whether four frequency ranges are identified for mobile use in the international treaty governing radio spectrum. Ofcom is minded to oppose three and to support one, 7125 to 7250 MHz, on which UK alignment with Europe in the upper 6 GHz band depends. Every position is provisional and responses close…
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Section 60A Competition Act: the gap in UK law caused by the new EU Article 102 (Abuse of dominance) Guidelines replacing pre-Brexit EU Guidelines
In short: section 60A Competition Act 1998 obliges a UK court, the CMA and the concurrent regulators to have regard to European Commission statements made before Brexit implementation period (IP) completion day (31 December 2020) and not subsequently withdrawn. At paragraph 246 of its Guidelines of 3 September 2026 the Commission withdrew its prior 2009…
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Open market review: what an altnet’s declaration decides
In short: Open market review declarations state where a supplier will build, and Building Digital UK (BDUK) spends Project Gigabit subsidy only on premises no supplier has claimed. The September 2026 National Rolling Open Market Review closed at 5pm on 1 October 2026; national rolling reviews take place three times a year, in January, May…
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EU | Telecoms Regulation | UK
Digital Networks Act copper switch-off: the EU mandate and the UK route
In short: Digital Networks Act copper switch-off provisions would oblige every EU Member State where copper networks remain in service after 30 June 2029 to mandate copper retirement by binding legal act, in all switch-off areas by 31 December 2035. The first lists of qualifying areas are due by 30 June 2029, which is the…
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Openreach commercial offers: what Ofcom proposes, and the three tests it applied
In short: Ofcom has consulted on the six Openreach commercial offers notified on 1 June 2026. It proposes to allow five and to direct Openreach to withdraw one, the Incremental New to Openreach Customer Offer. Three tests applied, producing seventeen assessments and a single adverse finding: that one offer’s charges are not fair and reasonable….
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CMA unfair contract terms guidance: what CMA37 means for online terms
Update, 8 October 2026: since this post was published, the Prime Minister announced in August 2026 that the subscription contracts regime under the Digital Markets, Competition and Consumers Act 2024 will come into force in January 2027 rather than spring 2027. No commencement regulations have yet been made. In short: The CMA unfair contract terms…
