Commission Decision and Order for Manx Telecom
Published On:Monday, March 16, 2020
In November 2019 the Communications Commission received a complaint in connection with a tender bid submitted for the Isle of Man Government’s ConnectMann Contract. This contract was for the supply of a Wide Area Network to the Manx Government. On investigating this complaint, the Commission reached the conclusion that Manx Telecom would be in breach of its regulatory obligations if it fulfilled the bid using the terms it had offered.
Specifically, Manx Telecom would be in breach of its obligation not to cause a margin squeeze, its obligation not to discriminate between retail customers, and be in breach of the Fair Trading Condition of its Licence.
One of the Commission’s roles is to prevent an operator with dominance in the telecommunications market place from abusing its position and having a harmful effect on competition. In this case the Commission determined that in constructing its bid, Manx Telecom’s behaviour was such that competition would be affected and ultimately Isle of Man consumers would be disadvantaged.
Following statutory procedure under the Telecommunications Act 1984, the Commission published a Proposed Order recommending that Manx Telecom be prohibited from fulfilling the bid using the terms it had offered, and asked for any representations and objections to this Proposed Order be made by 2nd March 2020. This date has now passed and no submissions have been received.
Therefore the Commission has now published a final Order directing that Manx Telecom cannot fulfil the bid on the terms given.
IOM Communications Commission,
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