Statement: Proposal to apply Code powers to Network Planning Solutions

Statement published October 29th 2024

This document sets out Ofcom’s proposal to apply the Electronic Communications Code (“the Code”) to Network Planning Solutions.

The grant of the Code powers is intended to assist providers of electronic communicationsnetworks 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 specificstreet 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, toapply to the Court to impose an agreement which confers the Code right being sought by theoperator 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 outin section 107(6) of the Communications Act 2003.

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

Ofcom will consider any responses to this consultation before deciding whether or not to make adirection, under section 107(6)(a) of the Act, applying the Code to Network Planning Solutions.