Mobile UK has submitted its response to the Government’s consultation on the Electronic Communications Code (ECC).

The ECC is a fundamental piece of legislation that gives telecoms providers rights to access land, paying a fairprice, in order to deploy critical infrastructure. It underpins all that the UK hopes to achieve through its digital infrastructure in terms of social inclusion, innovation, and economic growth.

The original reforms in 2017 were needed, welcome and have had some impact, but the Code is not yet working as intended and, in consequence, the rate at which code agreements are currently being struck is only a small fraction of that which is required to support rollout and to deliver on the Government’s policy objectives. Targeted legislative adjustments are now needed to remedy the position, including:

• more clarity on upgrade and sharing rights;
• the removal of inconsistency between different regimes for obtaining replacement code agreements; and
• the right incentives to bring both parties to the table to negotiate in good faith.

Mobile operators are investing over £2 billion each year in their networks; this investment is not only necessary to support changes in customers’ work and lifestyle habits brought about by the pandemic but will be also one of the cornerstones of our economic recovery in the post-pandemic period.

It is essential that a properly functioning ECC enables this network rollout.

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