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Proposed Amendments - Electronic Communications Code

The Electronic Communications Code (`the Code') is set out in Schedule 2 to the Telecommunications Act 1984, as amended by the Communications Act 2003 ("the 2003 Act").

The Code is a set of legislative and regulatory rules designed to facilitate the installation and maintenance of electronic communications networks or electronic communications services by operators of such networks.

Persons who desire to benefit from having the Code must apply to Ofcom. The Code is applied to someone (other than the Secretary of State or any Northern Ireland department) by a direction given by Ofcom under section 106 of the 2003 Act after a consideration of the application. Once applied the beneficiary is commonly referred to as a `Code Operator'.

The only purpose for which the Code may be applied to a person's case is the provision by him of an electronic communications network or a system of conduits which he is making available, or proposing to make available, for use by providers of electronic communications networks for the purposes of the provision by them of their networks (section 106(5) of the 2003 Act). The application of the Code may relate to specific places or localities or the provision of particular networks or conduit systems or parts of networks or conduit systems (section 106(5) of the 2003 Act).

The Code has effect in all cases and circumstances subject to the conditions and restrictions in the Electronic Communications Code (Conditions and Restrictions) Regulations 2003, SI. No 2003/2553 ("the 2003 Regulations"). The 2003 Regulations came into force in October 2003 following a consultation by the Department for Trade and Industry (DTI) with Ofcom and interested organisations and bodies.

The conditions and restrictions pertain, in the main, to requirements for consultation with and notification to highway and planning authorities in circumstances as specified in the 2003 Regulations.

Under Section 109 of the 2003 Act the Secretary of State has the power to make regulations setting out these conditions and restrictions following consultation with Ofcom and others. The Secretary of State when making conditions and restrictions regulations must have regard, amongst other considerations, to the need to protect the environment, and Ofcom's general duties to fulfil Community obligations. These duties include furthering the interests of consumers in relevant markets by promoting competition.

The Department for Business, Enterprise and Regulatory Reform (formerly the DTI) would like to obtain the views of interested parties on the proposed amendments to Regulations 2, 5 and 8 of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003.

Costs and Benefits

The incorporation of the amendments into the 2003 Regulations is not expected to impose any disproportionate costs or regulatory burdens on businesses or voluntary organisations.

Questions

Responses are sought specifically on the following questions:

1. Do you consider that the amendments will impose additional obligations and regulatory burdens on Code Operators?
2. Do you consider that Code Operators who install equipment in Protected Areas will have to introduce measures over and above those currently being undertaken to preserve the amenity of Protected Areas?
3. Do you consider the amendment to Regulation 8 to be proportionate and in line with the requirements of the rest of Regulation 8?

Impact Assessment (IA)

The key considerations relating to the limited proposal in this consultation is included in the summary impact assessment at Annex A to signpost the relevant analysis. Initial assessment has shown that this proposal will have little or no impact on code operators who install equipment in Protected Areas.