Statement: Electronic Communications Code - proposed amendments to Template Notices

Statement published 6 November 2023.

The Electronic Communications Code confers rights on operators to install and maintain electronic communications apparatus on public land. Following changes to the Code in 2017, Code Operators gained additional rights to access property when they are unable to reach agreement with landowners.

In December 2022 the Product Security and Telecommunications Infrastructure Act (PSTIA) introduced changes to the Code, including changes to certain template notices that Ofcom must prescribe under paragraph 90(1) of the Code.

Specifically, section 69 of the PSTIA contains provisions to encourage the use of Alternative Dispute Resolution (ADR) when Code Operators and Site Providers are unable to reach an agreement. Section 69 amends the Code to require notices to contain information about the availability of ADR and to include a new requirement to consider the use of ADR before applying for a court order.

We consulted on our proposal to make amendments to Paragraph 20 and Paragraph 33 notices to reflect the changes made to the Code by the PSTIA in relation to ADR.

Having carefully considered responses to the September consultation, we have decided to make the proposed amendments to the notices we set out in the consultation without any further changes. We are therefore publishing these notices as final alongside this statement. The final notices can be found in Annexes 1 – 3 in the statement document.