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UK Government to legislate to remove barriers to broadband deployment

The new law would give Ofcom powers to obtain operators’ deployment plans, and publish data about areas where rollout is not yet planned.

Finally legislation is on the table: Since it took office, the current UK Government has been working on several pieces of legislation to facilitate the rollout of gigabit-capable broadband. In January 2020, the Government has proposed planning reforms through the Telecommunications Infrastructure (Leasehold Property) Bill, which makes it easier for network operators to install connections where landlords fail to respond to requests for access. In March 2020, new legislation was proposed to make sure new-build homes are gigabit-ready from the outset.

Ofcom to be given ‘network forecasting’ powers: On 22 July 2020, the Department for Digital, Culture, Media and Sport (DCMS) announced further measures to stimulate the rollout of gigabit-capable broadband. As part of the law to implement the European Electronic Communications Code (EECC), the Government plans to give Ofcom new powers to obtain information from operators about where they plan to build gigabit-capable networks. Ofcom will be able to share this information with the Government, and to publish data about areas where gigabit broadband rollout is not currently planned. It is hoped this encourages commercial rollout in locations where it is not yet earmarked, and help the Government decide where to spend the £5bn fund it has pledged to help deployment in rural areas.

What else will change? The new legislation would also give Ofcom a duty to promote access to, and uptake of, gigabit connections. The regulator will be able to impose access remedies on networks already present in areas where new deployments are difficult, or obligations to share equipment such as mobile masts. Unsurprisingly, and in line with the EECC, the timeframe for market reviews will be increased from three to five years, which should provide more regulatory stability for operators. Finally, the new law would strengthen consumer protection in switching providers, particularly when they are moving away from bundles.