TelefónicaUKsresponseto分析.PDFVIP

non-confidential version Telefónica UK’s response to: Notice of proposed variation of Everything Everywhere‟s 1800MHz spectrum licences to allow use of LTE and WiMAX technologies A consultation by Ofcom 1 non-confidential version Table of Contents 1. Executive Summary 3 2. Legal framework 9 3. The case made by Ofcom in the Notice 12 4. Ofcom is wrong on all counts 16 5. A competition assessment using today’s factual matrix 31 6. Cost benefit analysis 39 7. Remedies 42 2 non-confidential version 1. Executive Summary 1. Everything Everywhere and Ofcom (in this Notice) both believe that: a. The Merger Decision1 has already considered the issues of liberalisation and timing, addressing any competition issues through the divestment remedy. This is the primary case made by Ofcom in the Notice; also and in any event b. Ofcom is required to liberalise all 900MHz and 1800MHz licences for LTE services by the end of 2012, by virtue of the Radio Spectrum Policy Programme Decision2 (RSPP). This is the secondary case made by Ofcom and recently endorsed by Everything 3 Everywhere . 2. The consequence o