Ofcom's continuing battle to sell off the 2.6GHz frequency has taken a step forward, with T-Mobile and O2 losing their appeal in relation to the question of jurisdiction and allowing progress of the High Court case to proceed. This decision comes from the Court of Appeal, and rules that the High Court, and not the Competition …
Doomed to fail
The government will adjust the rules if they lose. Brown needs all the money he can get, and if 2.6GHz is worth less if they can re-use 900MHz then he won't want the telcos to know that before the 2.6GHz auction in order to get more money.
Looks to me like its time to call an end to OFCOM as both an organisation and arbiter of spectrum usage. Overall OFCOM is a concept that has outlived both its time and usefulness in terms of allocating spectrum, as it does not appear to have either the leadership, political skills, or technical capability to understand the fundamental physics involved, nor a basic CSE level understanding of the associated economic implications. As a minimum, scrap the whole OFCOM organisation and start again - maybe we might even consider something really radical like reverting to something like the Radiocomms Agency structure. At least they had both the technical skills and (broadly) political neutrality to do the best they could to balance the needs of the various competing demands for spectrum.
@ Spectrum Guru
That would open up some prime Thames-side real estate.
The RA was a bunch of theorists in a purely technical sense, omitting the commercial context.
OfCom is a bunch of theorists in a purely commercial sense, omitting the technical context, looking at the revenue from spectrum management, ignoring the overall revenue and 'national good' from spectrum usage. If company X raises 10% more revenue (and VAT, corporate tax etc) because of efficient licensing, OfCom could not recognise that revenue for their bonus plan, so they're not interested.
The public thinks it's great that £20Billion+ goes to hospitals, then complains about high mobile bills and lousy coverage but they never join the dots....