The Communications (Access to Infrastructure) Regulations 2016

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement certain of the requirements of Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks (OJ No L 155, 23.5.2014, p.1) (“the Directive”).

Part 1 contains introductory provisions. Regulation 2 gives the definition of terms used in the Regulations. Regulation 3 sets out that the Regulations are without prejudice to certain rights and obligations.

Part 2 sets out rights and obligations that arise under the Regulations in relation to infrastructure; in particular the requests that may be made by network providers and the circumstances in which requests (in whole or in part) may or must be refused by infrastructure operators or rights holders. Regulation 4 deals with the provision of information about physical infrastructure; regulation 5, the surveying of physical infrastructure; regulation 6, access to physical infrastructure; regulation 7, access to in-building physical infrastructure; regulation 8, information about civil works; regulation 9, the coordination of a network provider's civil works with civil works funded from public funds. Regulations 4(4) and 5(3) introduce Schedule 1 and regulations 8(4) and 9(3) introduce Schedule 2. The Schedules provide for certain grounds on which requests may be refused. Regulation 10 makes provision about refusing requests on national security grounds. Regulation 11 makes provision about how confidential information acquired by a network provider as a result of a request is to be treated.

Part 3 contains provisions about the reference of disputes arising out of requests to OFCOM. Regulation 12 sets out the circumstances in which a dispute can be referred to OFCOM. Regulation 13 contains provision about the making of a determination about a dispute by OFCOM. Regulation 14 sets out the powers OFCOM may exercise. Regulation 15 contains provision about the procedure to be adopted by OFCOM when considering and determining a dispute. Regulation 16 contains provision about the resolution of disputes arising from a request made under regulation 6 for access to physical infrastructure. Under regulation 17, OFCOM may require a person to provide information required by OFCOM for considering and determining a dispute. Regulation 18 sets out that the reference of a dispute under regulation 12 does not prevent the bringing or continuing of proceedings.

Part 4 is about proceedings before the Competition Appeal Tribunal and appeals from that Tribunal. Regulation 19 sets out the circumstances in which proceedings may be brought before the Tribunal and the procedure to be used for those proceedings. Regulation 20 contains provisions about appeals arising from decisions made by the Tribunal.

Part 5 contains general provisions. Regulation 21 imposes a requirement on OFCOM to produce guidance for the purposes of these Regulations and contains connected provisions. Regulation 22 contains provisions about the prescribing of forms by OFCOM. By reference to sections 394 and 395 of the Communications Act 2003, regulation 23 makes provision about the giving of notices and sending of documents under Parts 2 and 3 of these Regulations. Regulation 24 imposes a requirement on the Secretary of State to review the Regulations.

A full impact assessment of the effect that these Regulations will have on the cost of business has been prepared. A copy of this document and the transposition note in relation to the implementation of the Directive have been placed in the Library of each House of Parliament and are annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.