Question to the Department for Science, Innovation & Technology:

To ask the Secretary of State for Science, Innovation and Technology, pursuant to the Answer of 31 January 2024 to Question 11162 on Telecommunications: Infrastructure, how many notices her Department has received from Ofcom of instances of operators not complying with their statutory duties in the last 12 months.

Ofcom is an independent regulator and, as such, does not discuss open cases with the Department. Where there are issues of non-compliance with statutory duties, Ofcom will deal with these cases directly with the operator. If Ofcom were to find, following an investigation, that any operator had failed to comply with its regulatory obligations it would publish that information on its Enforcement Bulletin.

I would, however, reiterate that I am aware of ongoing concerns about operator compliance with their duties under the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 (“the 2003 Regulations”) and particularly about new pole installations.

I recently met Melanie Dawes, CEO of Ofcom, to discuss this, and to explore ways DSIT and Ofcom can work together to raise awareness of statutory roles and responsibilities and ensure better compliance. This work is being taken forward by officials and I will be monitoring progress.

I also wrote to all fixed line operators on 14 March, setting out the government’s concerns and emphasising the importance of infrastructure sharing. Specifically, I have asked them to do everything possible to share existing telegraph poles before installing new ones. You can find a copy of the letter here.

The government has already taken steps to support this through measures in the Product Security and Telecommunications Infrastructure Act 2022 making it easier for operators to upgrade and share the use of existing infrastructure.

Separately, DSIT will be meeting with operators in the near future to discuss revisions to the Cabinet Siting and Pole Siting Code of Practice and how these can be delivered to promote better working practices.

I also met with interested MPs on Monday 25 March 2024. I remain keen to hear and understand the concerns shared by MPs and their constituents, to inform our ongoing work, as well as to keep you informed of the progress that is being made and the next steps we have planned.