Consultation: Proposal to modify the direction applied to Code Powers to Arqiva Limited

This document sets out Ofcom’s proposal to modify the terms on which the electronic communications code (“the Code”) applies to Arqiva Limited by virtue of an existing direction from Ofcom, dated 10 March 2005 applying the Code to Arqiva Limited.

The application of the Code powers is intended to assist persons who provide an electronic communications network and/or system of infrastructure. In particular, a person with Code powers (i.e. an “operator”) may:

• construct and maintain infrastructure on public land (streets) without needing to obtain a specific street works licence to do so;
• benefit from certain immunities from the Town and Country Planning legislation; and
• in the event that agreement cannot be reached with the owner or occupier of private land, to apply to the Court to impose an agreement which confers the Code right being sought by the operator or provides for the Code right to bind the landowner or occupier.

Ofcom considers applications for the grant of Code powers from providers of electronic communications networks and providers of systems of infrastructure (or both) with reference to the matters set out in section 107(4) of the Communications Act 2003 (“the Act”).

As such, Ofcom has reviewed Arqiva’s application for a modification to the terms on which the Code currently applies to it by virtue of the existing direction under section 106(5) of the Act and this document sets out a summary of the contents of that application, as well as Ofcom’s proposal to grant a modification to Code powers in favour of Arqiva Limited.

Ofcom will consider any responses to this consultation before deciding, in accordance with section 115 of the Act, whether or not to modify the terms on which the Code applies to Arqiva Limited under section 106(3)(a) of the Act.