Sure, but if you're forward looking, the rules could change and it's not predictable. This kind of a memo is a useful CYA. An interpretation of the current sit

Sure, but if you're forward looking, the rules could change and it's not predictable. This kind of a memo is a useful CYA. An interpretation of the current situation and likely risk factors, and when the situation changes in the future, an artifact that justifies their current non-compliance. Will Ofcom/courts accept it and not require compliance if the situation changes? No, but it might eliminate or reduce penalties for non-compliance.