Ofcom's BSkyB ruling 'does lasting damage' to James Murdoch Its sweeping powers to revoke the licence of any broadcaster that is not "fit and proper" is an "ongoing" test, it said, and it could come into play if the various police investigations into phone hacking and police bribery at News of the World turn up damning new evidence. In truth, it is about as far as Ofcom could have gone without resorting to the nuclear option of taking BSkyB off air. The wording of the "fit and proper" legislation does not allow the regulator to strike a deal with BskyB based on whether it changes its behaviour. According to legal experts, Ofcom is not only able to pull the plug on any broadcaster that falls short of the standard, it is obliged to do so. A finding against BSkyB would have forced it to close down a television service enjoyed by more than 10m UK households. Although many members of the public are angered that the regulator did not come down more heavily on BSkyB, the reaction to the alternative decision would have been worse. There would have been uproar if BSkyB had been blacked out, especially at the start of the football season, and Ofcom knows it. The regulator has given BSkyB as much of a kicking as it can warrant without risking public outrage. And it has kept the nuclear option up its sleeve just in case.