Consultation: Proposal to apply Code powers to Exascale Limited

This document sets out Ofcom’s proposal to apply the electronic communications code (“the Code”) to Exascale Limited.

The grant of the Code powers is intended to assist providers of electronic communications networks and/or systems of infrastructure. In particular, a provider 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 with reference to the matters set out in section 107(4) of the Communications Act 2003 (“the Act”).

As such, Ofcom has reviewed an application for Code powers submitted by Exascale Limited and this document sets out a summary of the contents of that application, as well as Ofcom’s proposal to grant Code powers in favour of Exascale Limited.

Ofcom will consider any responses to this consultation before deciding whether or not to make a direction, under section 106(3)(a) of the Act, applying the Code to Exascale Limited.