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On the 3rd of February, the UK communications regulator OFCOM provisionally approved Openreach's next round of wholesale fibre-to-the-premise price discounts, known as Equinox 2. Alternative network providers opposed to the discounts will now have until the 4th of March to convince OFCOM that the Equinox 2 offer will have a material adverse impact on competition, by discouraging communications providers from shifting to alternative networks.
In this article, Partner Paul Graham and Senior Associates Alex Harbin and Lynton Brooks revisit the background to Equinox 2 and consider some possible angles of attack that the alternative network providers might take in the next round of consultations with OFCOM.