Ofcom is consulting on a pricing offer for full-fibre broadband that Openreach intends to introduce from 1 April 2023. You can read our analysis of the consultation document here.

Under Ofcom rules, Openreach must notify the regulator of certain offers 90 days before they come into effect so that Ofcom can prevent Openreach from harming competition by restricting any offers that Ofcom finds to be anti-competitive.

On 14 December 2022 Openreach notified Ofcom of new wholesale pricing arrangements for its full-fibre services, known as the “Equinox 2” offer. Ofcom has now assessed Openreach’s offer, taking into account the interests of consumers, as well as the impact on competitors and retail broadband providers, and its provisional view is that it should not intervene to prevent Openreach from introducing Equinox 2. Ofcom does not consider the offer to be anti-competitive and finds that it is consistent with the rules it consulted on before introducing them under its market review in 2021. Ofcom says that the proposed offer is consistent with its primary strategic goal of promoting investment in high-speed networks to deliver fast, affordable broadband to people and business across the UK.

Ofcom is now consulting on its provisional review and is inviting responses by 5pm on 4 March 2023. Ofcom intends to publish its final decision before the end of March 2023.

Ofcom also says that it is alive to the concerns of some market participants that Openreach’s practice of amending its full-fibre prices could act as a barrier to competitors’ entry and expansion in the market. As this could potentially affect the level playing field that Ofcom wants to see, it is also gathering evidence to decide whether it should investigate this matter in more detail. To access the consultation, click here.