Judgment setting out the Tribunal’s reasons for deciding it does not have jurisdiction under section 192 of the Communications Act 2003, or otherwise, to hear appeals by T-Mobile and O2 challenging the way in which OFCOM decided to conduct the auction of two bands of spectrum which can be used for providing telecommunications services.
The Tribunal concluded that the challenged decision is given effect to by regulations made under section 14 of the Wireless Telegraphy Act 2006 and falls outside the jurisdiction conferred on the Tribunal by section 192(1)(a) of the Communications Act 2003. The Tribunal further concluded that a right to bring judicial review proceedings against the challenged decision is capable of being fully compliant with the appellants’ directly effective rights under Article 4 of the Framework Directive.
