Ofcom has today opened an investigation into whether broadband network provider BRSK failed to consult with a local planning authority before installing telegraph poles.
Under the Electronic Communications Code (ECC), designated telecoms companies benefit from simplified planning procedures designed to facilitate the rollout of better broadband and mobile networks. However, they are subject to certain conditions set out in the ECC Regulations issued by Government.
Having received a complaint, we are investigating whether BRSK failed to comply with its obligations under the ECC Regulations to consult with, and provide 28 days’ written notice to, a local planning authority before installing telegraph poles in the Birmingham area.
The requirement to engage with planning authorities is an important part of these regulations, as it ensures the provider is suitably informed about local concerns and provides some balance to the simplified planning procedures.
Through this engagement, wlanning authorities can draw relevant local considerations to the provider’s attention – such as possible hazards or visual amenity concerns – and set appropriate non-binding conditions with which they would like the provider to comply.
We will provide an update on this investigation in due course.