Consultation: Copper retirement – conditions under which copper regulation could be completely withdrawn in ultrafast exchanges

Published: 15 October 2020
Consultation closes: 26 November 2020
Status: Closed (pending statement)

In this consultation, we propose to revise our WFTMR proposals to allow for the withdrawal of remaining regulations on copper services, where fibre services are available, and where certain conditions are met in exchanges where ultrafast coverage is complete.

Withdrawal of remaining copper regulation would apply two years after Openreach gives the relevant notification. Notification could be published once Openreach has completed ultrafast coverage of an exchange area, when or after take-up of copper services is less than 10% of relevant premises in a completed exchange, and only where measures are put in place to support vulnerable consumers. Our proposals would not apply to Critical National Infrastructures.

We have today published changes to Table 2.2 in Annex 5 of the consultation document. Table 2.2 sets out in detail the impact of our copper retirement proposals on the regulatory conditions imposed on different regulated wholesale services.

On 6 November 2020 we published a further consultation on certain proposed remedies (PDF, 494.8 KB). In this consultation we propose to align the approach we take to controlling charges for FTTC at speeds of 40/10 so that services provided using SOGEA are treated on the same basis as services provided using VULA as an overlay to the existing copper service. This would mean the FTTC 40/10 service provided via SOGEA would be capped at £147.83 in the first year and at CPI-0% from then on, rather than being subject to a fair and reasonable charges obligation. We reflect those proposals in the updated Table 2.2.

We have also taken the opportunity to make small technical amendments to:

  • clarify the application of our proposals to new requests for network access in relation to new copper services enabling FTTP and SOG.fast migration in the key and the table;
  • clarify references in the key to the table to network access as meaning general or specific network access requirements;
  • streamline and standardise references to the requirement to provide network access on fair and reasonable terms, conditions and (unless there is a charge control) charges in the key and table; and,
  • clarify the application of our proposals to single order products in the key and the table.

We have updated the consultation document to reflect these changes.

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