Proposal to give a direction applying the Electronic Communications Code to (aq) Limited

This document sets out Ofcom’s proposal to apply the electronic communications code (“the Code”) to (aq) Limited.

The Grant of Code powers is intended to assist persons that provide an electronic communications network and/or system of conduits. In particular, persons with Code powers 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
• apply to the Court in order to obtain rights to execute works on private land in the event that agreement cannot be reached with the owner of that land.

Ofcom considers applications for the grant of Code powers from providers of electronic communications networks and providers of conduit systems (or both) which fulfil the criteria set out in section 107(4) of the Communications Act 2003 (“the Act”).

As such, Ofcom has reviewed an application for Code powers submitted by (aq) Limited and this document sets out a summary of the contents of that application, as well as Ofcom’s proposal to grant Code powers in favour of (aq) Limited.

Ofcom will consider any responses to this consultation before deciding whether or not to make a direction, under section 106(3) of the Act, applying the Code to (aq) Limited.