Does it make anyone else think that maybe Ofcom are bluffing? There's too much that doesn't make sense isn't there? When you really think about all the fine details anyway.
Yes and no:
From July, I always thought Ofcom were bluffing about keeping "full split" on the table. Their action today, I think, confirms this ...
a) Ofcom themselves argue that it is a step too far, and have done so multiple times
b) I think, politically, the step towards the EU was a singular choice: pick the split type, and go for it. No second chances without looking very foolish, very publicly.
So, yes, I think the "full split" fallback is a bluff. I agree fully with the unions that leaving it hanging indefinitely is utterly unworkable for future investment, and I believe it remains in place as something that Ofcom can "give up" in negotiations.
The language used today, on the "legal split" seems closer to:
- Ofcom: "Hey, ho. No agreement yet. This is the next step. We're still talking though."
- BT: We're continuing with the steps we can do unilaterally. We're still talking."
With that language, it seems more like some subtle statement of "we're not waiting forever," rather than a final divorce (I think MSM has that interpretation wrong).
Combined, it feels more like Ofcom believe they're not millions of miles apart, but need to push BT to cave on something quite unpalatable but not utterly poisonous. Or that they already are near agreement, but it is something that isn't palatable enough to the audience (Sky, government, public et al) ... and they need it to *look* like it was hard-won. Or they need BT to offer a bit more "quid" for the "quo".
So, not really a bluff. But not an ultimatum either.



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