Investigation into BRSK Limited’s compliance with the Electronic Communications Code

Ofcom has today opened an investigation into BRSK’s compliance with the conditions and restrictions set out in the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended) (‘the Regulations’). 

Background

The Electronic Communications Code is designed to facilitate the installation and maintenance of electronic communications networks across the United Kingdom. It provides a set of rights to those designated by Ofcom as “Code Operators”, including the right to benefit from simplified planning procedures aimed to assist in the rollout of broadband and other telecommunications networks.

When exercising these rights, Code Operators are subject to the conditions and restrictions imposed by the Secretary of State in the Regulations.

BRSK was designated as a Code Operator on 23 March 2021. From that stage, it was (and remains) required to comply with the Regulations, including requirements to: 

• consult with local planning authorities prior to installing electronic communications apparatus (Regulation 3(1)(b)); and 
• give the local planning authorities 28 days’ written notice prior to installing certain electronic communications apparatus (Regulation 5(1)).

Where Ofcom has reasonable grounds for believing that a contravention of the restrictions and conditions imposed by the Regulations has occurred or is occurring, Ofcom may take enforcement action under section 110 of the Communications Act 2003. 

The investigation

In May 2024, Ofcom received a complaint and supporting evidence which gave Ofcom reasonable grounds to suspect that BRSK may have breached Regulation 3(1)(b) and/or Regulation 5(1) of the Regulations when installing telecommunications poles to build its broadband network in the Birmingham City area.

Ofcom takes compliance with the Regulations very seriously. Meaningfully engaging with local planning authorities prior to installing network apparatus is an important element of the regulatory framework, not least because it enables the planning authority to bring relevant local considerations to the Code Operator’s attention and set appropriate conditions governing the installation of apparatus. Failure to follow the process set by the Regulations can therefore increase the risk of apparatus adversely impacting on the visual amenity of properties and posing hazards.

Ofcom’s investigation will examine whether there are reasonable grounds to believe that BRSK has failed to comply with Regulation 3(1)(b) and/or Regulation 5(1) of the Regulations when exercising its rights as a Code Operator under the Electronic Communications Code.

We will provide an update on this investigation in due course.