Statement: Proposal to apply Code powers to X-Fibre Ltd

Statement published 24 July 2023

This consultation set out Ofcom’s proposal to apply the electronic communications code (“the Code”) to X-Fibre Ltd.

The grant of the Code powers is intended to assist providers of electronic communications networks and/or systems of infrastructure. In particular, a provider with Code powers (i.e. an “operator”) may:

• construct and maintain infrastructure on public land (streets) without needing to obtain a specific street works licence to do so;
• benefit from certain immunities from the Town and Country Planning legislation; and
• in the event that agreement cannot be reached with the owner or occupier of private land, to apply to the Court to impose an agreement which confers the Code right being sought by the operator or provides for the Code right to bind the landowner or occupier.

Ofcom considers applications for the grant of Code powers with reference to the matters set out in section 107(6) of the Communications Act 2003 (“the Act”).

We reviewed the application for Code powers submitted by X-Fibre Ltd and the consultation set out a summary of the contents of that application, as well as Ofcom’s proposal to grant Code powers in favour of X-Fibre Ltd.

Ofcom has decided to make a direction, under section 107(6)(a) of the Act, applying the Code to X-Fibre Ltd.