EE Ltd v Office of Communications (Rev 1) [2016] EWHC 2134 (Admin) (26 August 2016)

EE Ltd v Office of Communications (Rev 1) [2016] EWHC 2134 (Admin) (26 August 2016)

Ofcom correctly interpreted and applied the Secretary of State's 2010 direction as requiring annual licence fees to reflect full market value, and was lawfully bound to implement that direction. Ofcom was not required to conduct a further impact assessment or to use cost modelling, as its reliance on benchmarking...

Source-derived case information.

Citation
[2016] EWHC 2134 (Admin)
Parties
Claimant: EE Limited; Defendant: Office of Communications (Ofcom); Interested Party: Secretary of State for Culture, Media and Sport; Interested Party: Vodafone Limited; Interested Party: Telefónica UK Limited; Interested Party: Hutchison 3G UK Limited
Jurisdiction
England and Wales
Judgment Date
26 August 2016
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Spectrum Licensing, Licence Fees, Regulatory Directions, Market Value Assessment, Judicial Review, EU Directives Compliance
Telecommunications Law Administrative Law EU Law Spectrum Licensing Licence Fees Regulatory Directions Market Value Assessment Judicial Review +1 more

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Parties

EE Limited

Claimant

Office of Communications (Ofcom)

Defendant

Secretary of State for Culture, Media and Sport

Interested Party

Vodafone Limited

Interested Party

Telefónica UK Limited

Interested Party

Hutchison 3G UK Limited

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Ofcom misinterpreted the Secretary of State's 2010 direction as requiring annual licence fees to be set at market value to the exclusion of other factors required by EU and domestic law
  2. 2 Whether Ofcom unlawfully failed to consider cost modelling evidence in determining annual licence fees

Ratio Decidendi

Ofcom correctly interpreted and applied the Secretary of State's 2010 direction as requiring annual licence fees to reflect full market value, and was lawfully bound to implement that direction. Ofcom was not required to conduct a further impact assessment or to use cost modelling, as its reliance on benchmarking and regulatory judgment was reasonable and within its statutory remit.

Court Disposition

Claim dismissed

Orders

  • Judicial review refused
  • No order for further impact assessment or reconsideration of licence fees