July 12, 2016

The Regulations implement certain of the requirements of Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks.

Part 2 of the Regulations sets out the rights and obligations that arise in relation to infrastructure.  In particular, it sets out 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.

The Regulations cover, amongst other things, the provision of information about physical infrastructure, the surveying of physical infrastructure, access to physical infrastructure, and access to in-building physical infrastructure.

The Regulations provide that requests can be refused on national security grounds and cover how confidential information acquired by a network provider as a result of a request must be treated.

Part 3 contains provisions about the reference of disputes arising out of requests to Ofcom, covering the circumstances in which a dispute can be referred, the making of a determination about a dispute by Ofcom, the powers Ofcom may exercise, and the procedure to be adopted by Ofcom when considering and determining a dispute.  The Regulations also cover the resolution of disputes arising from a request for access to physical infrastructure.

Part 4 covers proceedings before the Competition Appeal Tribunal and appeals from that Tribunal.  It sets out the circumstances in which proceedings may be brought before the Tribunal and the procedure to be used for those proceedings.  There are also provisions about appeals arising from decisions made by the Tribunal.  To access the legislation, click here.