Under regulation 16(1) of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003, an Electronic Communications Code Operator is required to provide Ofcom on 1st April every year a certificate confirming how it is achieving its funds for meeting liabilities (“funds for liabilities”) obligations.
Non-compliance with the annual certification requirement can result in Ofcom issuing a direction against the the Code Operator.
This previous article provides a link to the Ofcom issued guidance on funds for liabilities.
Do note the point in our previous article that the level of funds for liabilities provision that may have been appropriate for a start up with no cable or apparatus in the ground may be significiantly different 3 or 4 years down the line when there may be significant amounts of cable and apparatus deployed in the public highway.
Contact us if you need any asistance with reviewing your funds for liabilities provision or preparing your annual certification.