Ofcom rules BSkyB 'fit and proper' but criticises conduct of James Murdoch The regulator finally came to its conclusions today. In a statement it said that Sky passed the "fit and proper" test, based on "the evidence currently available and having taken into account all the relevant factors." However, this was tempered with a stark reminder to BSkyB to keep its behaviour in check, it warned that that could change. Ofcom's duty to be satisfied that a licensee is fit and proper is ongoing. Should further relevant evidence become available in the future, Ofcom would need to consider that evidence in order to fulfil its duty," the regulator said. It noted that various police investigations could turn up new evidence that would count against BSkyB in a "fit and proper" test. Its judgment also included a lengthy personal attack on Mr Murdoch. "We consider James Murdoch's conduct, including his failure to initiate action on his own account on a number of occasions, to be both difficult to comprehend and ill-judged," it said. James Murdoch's conduct in relation to events at NGN [News Group Newspapers, the News Corp subsidiary which published the News of the World] repeatedly fell short of the exercise of responsibility to be expected of him as CEO and chairman. It acknowledged a letter in which James Murdoch said he shared responsibility for the fact that News Corp "took too long to come to grips" with the phone hacking and police bribery scandal, adding tersely: "We agree." " We consider that the events set out above raise questions regarding James Murdoch's competence in the handling of these matters, and his attitude towards the possibility of wrongdoing in the companies for which he was responsible," it added. Ofcom said James Murdoch's conduct in relation to events at the News Corp newspapers had repeatedly fallen short, adding there was no evidence to suggest he had deliberately engaged in wrongdoing. "Ofcom is right to conclude that Sky is a fit and proper broadcaster," BSkyB said. As a company, we are committed to high standards of governance and we take our regulatory obligations extremely seriously. As Ofcom acknowledges, our track record of compliance in broadcasting is good. Shares in BSkyB edged up 0.3pc to 729p in early trading in London.