Open
13 May 2025
We are investigating whether IX Wireless failed to comply with its obligation under Regulation 3 of the Electronic Communications Code, which relates to the installation of electronic communications apparatus.
Regulations 3(3)(a) of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended).
In accordance with section 110 of the Communications Act 2003, Ofcom has today issued IX Wireless Ltd (IXW) with a provisional enforcement notification regarding its compliance with Regulation 3(3)(a) of 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 3(3)(a), under which it must ensure that when installing electronic communications apparatus it minimises, so far as reasonably practicable, the impact on the visual amenity of properties.
The notification sets out Ofcom’s provisional reasoning and explains the financial penalty we are minded to impose if the above breach is confirmed. IXW will now have a period of 20 working days 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. As a designated “Code Operator” IX Wireless benefits from certain rights under the Code but is also subject to conditions and restrictions when installing telecommunications apparatus.
Among other requirements, IX Wireless must, so far as reasonably practicable, minimise the impact on the visual amenity of properties when installing an electronic communications apparatus (Regulation 3(3)(a)).
Ofcom’s investigation will examine whether there are reasonable grounds to believe that IX Wireless has failed to comply with these Regulations when installing a 15-metre piece of metal infrastructure on a residential street in Rochdale in 2023.
We will gather further information and publish an update to our investigation in due course.
Enforcement Team (enforcement@ofcom.org.uk)
CW/01294/04/25