Ofcom consults on removing Openreach’s copper charge controls where 90% of premises in an exchange area have access to fibre
Preserving the three-stage approach to copper switch-off Ofcom adopted in 2021
On 17 March 2026, the same day as publishing its Telecoms Access Review (TAR) statement, Ofcom launched a consultation on the switch-off of Openreach’s copper network in the UK. The regulator stated that over time, customers using Openreach’s legacy copper network will migrate, either to Openreach’s fibre to the premises (FTTP) network or to alternative networks. Eventually therefore, Openreach’s copper network will be decommissioned, enabling the former incumbent to avoid the costly running of parallel infrastructures. In the TAR, Ofcom decided to maintain the overall regulatory framework for copper retirement that it established in the previous market review in 2021, the Wholesale Fixed Telecoms Market Review (WFTMR), retaining a three-stage approach to moving regulation from copper-based services to fibre on an exchange-by-exchange basis. Consequently, the further consultation considers not whether copper can be shut down, but how to manage the process and withdraw obligations currently imposed on Openreach in the context of competition, consumer protection and administrative burdens.
From April 2029, Openreach would be able to apply exclusions to up to 10% of UK premises
The first threshold of Ofcom’s copper retirement framework relates to the ‘stop sell’ of copper-based services in an exchange area, applying when FTTP is available to 75% of premises and Openreach has met certain notification conditions. The further consultation specifically relates to the second threshold, which currently requires Openreach to provide ultrafast coverage to 100% of premises in an exchange area (excluding any premises that Ofcom directs) and meet certain notice periods regarding access seekers before charge controls on copper-based services can be removed. Ofcom intends to allow Openreach to exclude premises from that threshold, making two key proposals:
Adopt a fixed percentage approach to excluding premises, set at 10% in a given exchange area: Subject to all other criteria for the second threshold also being met, Openreach would be able to reach the coverage requirement of the second threshold when it reaches 90% ultrafast coverage in an exchange area; and
Introduce a date from which these exclusions can be applied: This would be set at 1 April 2029. Prior to this date, Openreach would be unable to exclude premises from the 100% coverage requirement to meet the second threshold.
In reaching its first proposal, Ofcom also considered the advantages of a ‘Defined Exclusions Approach’ over adopting a fixed percentage, but discounted this option, stating that it would not “appropriately balance” the regulator’s objectives and would likely be “onerous to implement” in practice.
The regulator recognises that some end users may be negatively affected in the short-term
In line with its decisions in the TAR, Ofcom considers that its proposals aim to facilitate the transition from copper- to fibre-based services, and are therefore likely to have a positive impact on consumers, who would ultimately benefit from being moved to faster, more reliable broadband. Ofcom has, however, considered the risk of higher retail prices in the short-term for people from different socioeconomic groups (e.g. older and disabled consumers, and the financially vulnerable) that may be unable or unwilling to switch to FTTP, anticipating that its proposals would allow Openreach to raise prices for copper-based network access at the wholesale level sooner than would be the case today. According to Ofcom, as its experience from the PSTN retirement shows, service migration is complex and requires effective handling. Nevertheless, the regulator believes that the potential for “temporary adverse impacts” are mitigated by aspects of the TAR (such as the charge controls imposed on Openreach’s wholesale pricing), as well as its proposed approach and timeline for exclusions to the second threshold calculation. The closing date for the consultation is 12 May 2026, with Ofcom expecting to publish its final decisions later in the year.
