Open
17 September 2025
We are investigating whether IX Wireless Limited (‘IX Wireless’) failed to comply with its obligations under the Electronic Communications Code, specifically:
(i) Regulation 4(2)(a) which relates to the height of lines installed over a carriageway; and
(ii) Regulation 10(1) which relates to inspections and maintenance of apparatus.
Regulation 4(2)(a) and Regulation 10(1), of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended).
In accordance with section 110 of the Communications Act 2003, we have issued IX Wireless Ltd (IXW) with a provisional enforcement notification regarding its compliance with the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (ECC).
Ofcom considers that there are reasonable grounds for believing that IXW has contravened:
- Regulation 4(2)(a), which relates to the height of lines installed over a carriageway; and
- Regulation 10(1), which relates to the inspection and maintenance of apparatus.
The notification sets out Ofcom’s provisional reasoning and explains the financial penalty we are minded to impose should those contraventions be confirmed. IXW will now have a period of 20 working days in which to make representations to Ofcom, which will be carefully considered before we reach a final decision.
We will provide further updates on the investigation in due course.
Ofcom has today opened an investigation into IX Wireless’ compliance with its obligations under the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended) (‘the Regulations’).
The Electronic Communications Code is designed to facilitate the installation and maintenance of electronic communications networks across the United Kingdom. IX Wireless, as a designated “Code Operator”, benefits from certain rights under the Code. But when exercising these rights, Code Operators are also subject to conditions and restrictions. Among other obligations, IX Wireless is required to comply with the Regulations, including requirements to:
- ensure that any lines installed over the carriageway of a maintainable highway or, in Scotland, a public road are placed at least 5.5 metres above the surface of the highway or road (Regulation 4(2)(a)); and
- inspect and maintain his electronic communications apparatus, other than apparatus installed underground or inside a building or other permanent structure, so as to ensure that it will not cause injury to any person or damage to property (Regulation 10(1)).
Where Ofcom has reasonable grounds for believing that a contravention of the conditions and restrictions imposed by the Regulations has occurred or is occurring, Ofcom may take enforcement action under section 110 of the Communications Act 2003.
Ofcom’s investigation will examine whether there are reasonable grounds to believe that IX Wireless failed to comply with Regulation 4(2)(a) and/or Regulation 10(1), relating to the height of cable lines and to the inspection and maintenance of its apparatus.
We will gather further information and publish an update to our investigation in due course.
Enforcement Team (enforcement@ofcom.org.uk)
Case Reference: CW/01322/09/25