Statement: Proposal to modify the terms on which the Code is applied to Jurassic Fibre Limited

This document sets out Ofcom’s proposal to amend the terms on which the electronic communications code (the "Code") applies to Jurassic Fibre 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, and modifications to such Code powers, with reference to the matters set out in sections 107(4) and section 115(4A) of the Communications Act 2003 (the Act), respectively.

Ofcom previously gave a direction applying the Code to Jurassic Fibre Limited for the purposes of the provision by it of an electronic communications network in England. Ofcom has received a further application from Jurassic Fibre Limited to modify the terms on which the Code is applied to Jurassic Fibre Limited so that its Code powers are extended beyond England to the rest of the UK. Having considered the application, we are proposing to modify the terms on which the Code applies to Jurassic Fibre Limited to extend its application to the whole of the UK.

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