Judgment on preliminary issues arising in an appeal by Orange against a decision by OFCOM to accept a reference for resolution of an alleged dispute between Orange and British Telecommunications plc (“BT”) in relation to Orange’s charges for terminating calls on its mobile communications network.
The Tribunal held that, on the true construction of section 185 of the Communications Act 2003, and having regard to the events which had happened, there was a “dispute” between Orange and BT within the meaning of that section capable of being referred to OFCOM for resolution in accordance with that section.
The Tribunal also held that, on the true construction of section 185 of the Communications Act 2003 and Rule 8(1) of the Tribunal Rules, Orange would not, in proceedings challenging the final determination of the alleged dispute between BT and Orange, have been time-barred from challenging the jurisdiction of OFCOM to resolve that alleged dispute.
