Gavin Patterson has thrown a tantrum in refusing to invest in Openreach whilst the review takes place, but ultimately that's what he's required to do by law - he has to act in the best interests of the current company and this is what he feels he has to do to do that. This is what officers of a company are required to do.
Ultimately, BT as a group is better off with Openreach - they can run a less than perfect service. Every company offering phone and data services over the network has to use. This limits competition, and limits Openreach having to perform, because whilst BT Retail have to use the network and services, so does everyone else.
Now the crux is that it's best for BT to take money generated from Openreach and invest it to the benefit of other parts of the business. BT's aim is to make the group as a whole the most profitable, and the best way to do that is in areas where there's less competition.
BT Retail has a lot of competition from a phone and broadband perspective, but there's much less competition on the TV front, and especially the sports front. Instead of being a race to the bottom with hundreds of providers that they have to give equal access to their services for, with TV there's much less competition and their platform is their platform - they don't have to allow competitors to re-sell it.
I think this has led to Openreach and its network being somewhat neglected. From a BT shareholder perspective though, it makes absolute sense to take money from Openreach and use it to improve other offerings from the group as a whole. It's not so rosy from the perspective of a consumer of phone and data across the Openreach network though.
If you were to spin Openreach out, so it has a separate set of shareholders and was a standalone company - not just ring fenced in operations but actually a separate company - then it means that the officers of the company would need to operate in the best interests of Openreach. That would most likely be to invest in its own infrastructure.
The problem that it would create is that there would still be little to no real external competition - which means that either the company would need to be re-nationalised and run properly, or something like a levy or tax charged of the new separate company and then passed to competitors to build out alternative infrastructure. I don't think either solution is perfect, but I think both would be better than the current situation.
In the case of a levy or tax charged to a new spun-out Openreach, this could be used to create grants that VM, Hyperoptic, et al could apply for (a la BDUK but with Openreach excluded) to build alternative infrastructures alongside Openreach's and increase competition?
Of course, a tax could be applied to those services provided by the winners of these grants to create a circular investment into the country's infrastructure - maybe these "secondary" levies or taxes could be ring fenced for grants to provide infrastructure to areas without a minimum level of connectivity (e.g. rural, etc) until we have a decent national infrastructure?
VM Cable 152/12 + Zen 80/20 (+ Sky 80/20, about to cease)



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