The ongoing UK broadband roll out is providing real opportunities for existing and new companies in the telecoms sector.

Whilst companies can undertake many aspects of work without  having powers under the Electronic Communications Code (“Code Powers”), holding or obtaining Code Powers is likely to play a significant part in whether a new entrant can compete on a level playing field.

The Electronic Communications Code is contained within Schedule 3A to the Communications Act 2003. What it does is confer certain rights on a party that is granted Code Powers by Ofcom.  These rights include, amongst other things:

• exemptions from certain aspects of planning requirements that may otherwise apply for the placing of telecoms apparatus;
• rights to place and maintain electronic communications apparatus and infrastructure within the public highway; and
• means to facilitate access to private land for the placing and maintaining of electronic communications apparatus and infrastructure.

Ofcom’s own website also provides some useful information on the Electronic Communications Code.

We regularly:

• advise companies on whether they are eligible to secure Code Powers;
• apply to Ofcom and secure Code Powers for companies; and
• advise new and existing Code Power operators on the extent and operation of their Code Powers and their wider regulatory responsibilities.

Contact us if we can assist you in respect of the Electronic Communications Code.