Investigation into Internetty compliance with Funds for Meeting Liabilities requirements under the Electronic Communications Code (Conditions and Restrictions) Regulations 2003

Ofcom has today opened an investigation into Internetty Ltd’s (‘Internetty’) compliance with Regulation 16 of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (ECC).

As a Code Operator, under Regulation 16, Internetty has a legal obligation to provide Ofcom with a certificate and financial instrument each year, confirming that sufficient funds are available to meet its specified liabilities relating to the deployment of electronic communications apparatus on streets and roads. Proof of these funds is required as in the event of a Code Operator entering administration, these funds are intended to cover the costs of certain liabilities to highways authorities, including removal of infrastructure.

If these funds were not available, the cost may be left to the public.

Ofcom’s investigation will examine whether there are reasonable grounds to believe that Internetty has failed to comply with its regulatory obligations.