04 Nov 2021

Build Better Broadband - calls for reform of the Electronic Communications Code

To meet the government's gigabit targets for the UK by 2025, reforms to the Electronic Communications Code are necessary to help the fixed infrastructure sector with broadband rollout acceleration. Identifying a number of key challenges, and potential solutions for government to consider, the Chair of All-Party Parliamentary Group for Broadband and Digital Communication — Selaine Saxby MP — has today written to the DCMS Secretary of State, The Rt Hon Nadine Dorries MP with the findings of a recent inquiry.

The APPG launched its #BetterBroadband inquiry in the summer of 2021 to seek how the Electronic Communications Code (the ‘Code’) could be practically reformed to make it easier to deploy full-fibre broadband in both urban and rural areas in the UK.

The inquiry's recommendations:

APPG inquiry - Recommendation 1

Standardised template agreements: To foster a greater sense of landowner and operator collaboration for fixed infrastructure deployment, and minimise confusion and delay, reforms to the Code should include a government-endorsed wayleave template. Government could consider defining a statutory period of 28 days for landlords to either agree or negotiate the terms set out in the template, and if there is no response from the landlord in this timeframe the consent would be presumed to have been granted. If the landlord does wish to negotiate the terms, and indicates as such in the initial 28 day period the parties would then have another 28 day period to negotiate. The template is formed with the landlord’s interest balanced with the operator’s, assures quality, health and safety standards, and minimised disruption.

APPG inquiry - Recommendation 2

Streamlined or “fast-track” process for agreeing wayleaves: The APPG recommends Code reform introduces an effective backstop if the negotiation process above stalls, with the option to trigger an Alternative Dispute Resolution (ADR) service. The ADR would result in a binding decision, with the option to appeal the decision to a Court. A bespoke ADR process, similar to those already in place in a number of industries, including the construction sector, would better incentivise negotiating parties to conclude negotiations and deliver much faster outcomes. It would have the additional benefit of removing pressure from the court system, whilst continuing to allow parties to safeguard their rights via the courts should they wish to do so.

APPG inquiry - Recommendation 3

Fee structure: The APPG recommends Code reform introduce a standardised fees for fibre infrastructure build, with clear guidance on a fee structure. This standardisation will help make the financial relationship between a landlord and an operator clearer and help speed up negotiations. Nominating a fee regime will also remove any incentives that may be used to draw out the process for a longer period. This fee structure should help with differentiating the Code between fixed and mobile infrastructure (which has a differing land market issue).

APPG inquiry - Recommendation 4

Distinction between infrastructure deployments: Code reform would benefit from a clear distinction between the installation of fibre infrastructure and mobile infrastructure. While it is important that the Code works for mobile operators and landowners as well, the issues for broadband are different— fixed infrastructure is relatively “low touch high value” and is non-visible.

APPG inquiry - Recommendation 5

Automatic upgrade rights for fixed infrastructure: Government should also consider in its reforms enabling the automatic upgrade rights for fixed infrastructure, where there are wayleaves in place, and to apply these retrospectively.

APPG inquiry - Recommendation 6

Information campaign: The above reforms would be most impactful if supported by a national education and awareness campaign, coordinated by DCMS. The campaign would help increase landlord understanding of the Code, their rights, and crucially, the key role they play in helping the UK with upgrading its digital infrastructure for the benefits of millions. The APPG for Broadband and Digital Communication recognises that landlords’ interest in the Code regulations must be protected and feel that this campaign would help foster a sense of partnership for all parties.

APPG inquiry - Recommendation 7

Complementary measures to reform of the Code that could better assist in ensuring full fibre deployment targets are met: the APPH received a large volume of recommendations that it feels government should consider alongside Code reform that would help speed up fibre deployment across the UK. These included:

improved engagement with Local Authorities to promote consistency and best practice with planning permission;
the full implementation of “flexi-permits” to embed a standardised local approach to permit schemes;
clarity on operators’ build plans to inform a more efficient allocation of resource and investment in areas most in need of improved connectivity;
extended business rates relief for new fibre infrastructure.

The Chair's letter includes an overview of the need for reform of the Code—highlighting the importance of connectivity for the UK—recent developments as context for the inquiry (2017 reforms of the Code, recent debate and the PSTI Bill), inquiry aims, and the key findings from written and oral evidence received.

About the APPG

The All-Party Parliamentary Group for Broadband and Digital Communication seeks to further the rollout of broadband in rural and urban areas, and to look at digital communication across the UK. Secretariat is provided by techUK, the trade association that brings together people, companies and organisations to realise the positive outcomes that digital technology can achieve. Follow on Twitter. For more information please contact Sophie James.

Sophie Greaves

Head of Telecoms and Spectrum Policy, techUK

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