The owner of UK mobile operator O2 has threatened regulator Ofcom with legal action over its decision to give rival Everything Everywhere a 4G head start.
Madrid-based Telefonica has written to Ofcom to say it could challenge last week’s ruling, which…
The owner of UK mobile operator O2 has threatened regulator Ofcom with legal action over its decision to give rival Everything Everywhere a 4G head start.
Madrid-based Telefonica has written to Ofcom to say it could challenge last week’s ruling, which enables EE to use existing spectrum for 4G services from 11 September, reported the Guardian newspaper.
It is understood that Telefonica’s complaint is partly over the process Ofcom took to reach its decision.
Legal action could delay EE’s plans to launch next generation services this year because O2 could request interim relief until the matter is resolved.
Telefonica and Ofcom declined to comment on whether a legal notice had been issued.
But a spokesman for Ofcom added: “Allowing the early introduction of 4G services in the UK will deliver significant benefits to consumers. We are ready for any potential litigation of our decision to allow this and we will robustly defend our position if required.”
It is likely that Vodafone, which last week said it was “shocked” by Ofcom’s “careless disregard for the best interests of consumers”, will not join any request from O2 for interim relief, according to a source close to the company.
A Vodafone spokesman declined to comment on specific negotiations, saying only that “all options were still being considered”.
But TelecomFinance understands that the operator has already raised concerns with Ofcom. Vodafone is in talks with the regulator because the group sees no guarantee in its ruling that the UK’s upcoming 4G auction will still go ahead as planned.