BT may take legal action against Ofcom if it is prevented from raising Openreach network access fees to help cover its pension deficit.
BT chief executive Ian Livingstone said in an interview with The Financial Times that the company will consider court action against Ofcom, and highlighted what he sees as hypocrisy in the regulator's reasoning.
"It's something we will have to look at. It was a cost BT had no choice but to inherit, so we think it's perfectly fair and reasonable that we should actually be able to recover our costs of pensions," he said.
"Interestingly, Ofcom's fees to BT, one of the reasons they went up this year, was because Ofcom had to cover the deficit in their pension scheme. So if it's good enough for Ofcom it should be good enough for BT."
Ofcom had no comment to make on the matter, but said that the final consultation on the issue will be made public in December.
A legal challenge to raise the cost of access to BT's Openreach network is likely to cause headaches for ISPs including TalkTalk and Sky.
Ofcom made its original decision in July after claiming that it had seen no evidence that BT should be able to raise its Openreach access to cover its pension deficit.
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