Insights Ofcom publishes Statement following its consultation on proposed template notices resulting from Telecommunications Infrastructure (Leasehold Property) Act 2021 amendments to Electronic Communications Code

Ofcom is required to prepare and publish template notices which must or may (depending on the circumstances) be used by operators and landowners or occupiers under the Code when they seek to exercise Code rights. In October 2022, Ofcom published a consultation that sought views from operators and all other interested parties on the form of two new draft template notices required under the new provisions in Part 4A.

Ofcom also invited comments on amending an existing template notice prescribed under paragraph 20(2) of the Code (notice seeking agreement to the conferral of rights) to reflect the new process under Part 4A for Code Operators to gain access to land connected to leased premises.

Having carefully considered stakeholder responses to the consultation, Ofcom has decided not to make any substantive changes to the proposed template notices. However, it has decided to add an additional annex to the two new template notices to ensure Code Operators provide all the information required under the Regulations.

The Statement sets out the reasons for Ofcom’s decision and attaches the final form notices. They have also been published on the Code Template section of the Ofcom website. To read Ofcom’s Statement, click here.