The communications regulator, Ofcom UK, has ruled out, at least for now, an oft-repeated BT request for Virgin Media to follow by its example and open up access to their cable ducts. Such a move would allow rivals to expand their superfast broadband coverage without first having to go through the costly and time consuming process of digging up roads to install new infrastructure.

BT is already required, through their Physical Infrastructure Access (PIA) product, to open access into its cable ducts and (telegraph) poles. The issue of price is still being hotly debated (here) and as a result BT's final product has yet to launch. Never the less BT has been extremely vocal about requiring any ISP that takes its PIA product, such as Virgin Media, to follow by opening access into their networks.


Ofcom hinted earlier this year (here) that it could investigate the issue, but only after the new EU Communications Framework had been implemented. Crucially the rules, which recently came into force, give Ofcom fresh powers to force telecoms operators into sharing their ducts and poles; even if they do not have a position of Significant Market Power (SMP).

This could present some problems for smaller operators and put their tight economic models under pressure. But a far bigger question is whether or not Virgin Media, which is also seeking to use BT's PIA product (provided the price is right), would now be subjected to similar requirements by Ofcom.


Ofcom thus has no plans to proactively investigate the issue of access to Virgin Media's cable ducts, although the door is still open for BT to test the waters.


The news confirms that BT, at least for now, will not be allowed to force telecoms operators who take its PIA product to open up their own cable ducts. Meanwhile Ofcom's proportionality requirement could help to shield smaller ISPs from being forced into a similar position.

At the time of writing Virgin Media had not responded to our requests for comment.