Update on timing

Published February 2009

The Court of Appeal handed down a declaratory judgment in (1) Office of Communications (2) T-Mobile (UK) Limited v Floe Telecom Limited (in liquidation) Cases A3/2007/0658 and 2007/0665 on 10 February 2009. This judgment is available at the following link:

http://www.bailii.org/ew/cases/EWCA/Civ/2009/47.html

The Court clarified the legal position on use of GSM gateways as follows:

“It is declared that:

On its proper construction, the Public Mobile Operator Licence issued to Vodafone on 28 January 2002 under section 1(1) of the Wireless Telegraphy Act 1949 does not authorise the use of GSM Gateways (including commercial multi-use GSM gateways (“COMUGS”)) for providing a telecommunications service by way of business to another person.
In the absence of a licence or exemption granted or made under section 8 of the Wireless Telegraphy Act 2006, the use of GSM gateways (including COMUGs) for the purpose of providing a telecommunications service by way of business to another person is unlawful.”

Ofcom will now proceed to consider our consultation on future regulation of GSM Gateways dated 29 June 2005 and will announce next steps in due course.