FCS chief Chris Pateman has called on the industry to make as much 'noise' as possible in an 'eleventh hour' representation to the Competition & Markets Authority and Government to influence the CMA's stance on opening up wholesale mobile access to the same extent as fixed line - an issue that is getting hotter by the day as BT prepares to merge with EE and the CMA's November 19th deadline for feedback fast approaches.
"The CMA’s preliminary decision on the proposed BT/EE takeover is monumentally threatening to the channel. Yet the CMA says it does not raise any significant competition concerns," said Pateman.
"This is partly due to the CMA assessing the likely damage against market definitions which are 13 years out of date.
"They come from the 2002 EU Common Regulatory Framework - drawn up at a time when WLR seemed like a novel idea, and about the sexiest thing you could do with a mobile phone was send a text. Hardly the best basis, in our view, for determining the threats to the converged current and future communications market."
Pateman noted that the CMA has conceded that comms is a complicated market and so left the provisional conclusions open for comment - nominally until January 18th.
"Don't be fooled by that final deadline," warned Pateman in a letter to FCS members. "The CMA confirmed to us that if we want to be taken seriously, we've got until 5pm on November 19th to make meaningful representations."
"We know FCS and our colleagues at iMVNOx, the MVNO industry body, are not the only ones burning the midnight oil against this deadline. And FCS will be doing everything we can to work with other voices, and to harness and focus industry push-back as the process moves forward.
"But right now, we as an industry have just days to make as much noise as we can. Business CPs are pushing on a more responsive door with policy makers today than at any time since BT was privatised.
"Make sure your local MP understands your concerns. A few well chosen questions in Parliament at this stage could mean the difference between success and failure. Or, at least, the difference between no remedies or controls whatever and a new regulatory regime that will open up a genuine wholesale market for mobile voice and data."