Big UK Rule Changes to Boost Gigabit Broadband and 5G Rollout

The UK Government has today confirmed a series of changes to both the Electronic Communications Code (ECC) and Mobile infrastructure planning, which when taken together are intended to help boost the on-going deployment of both “gigabit-capable” broadband and 5G mobile networks (as well as the Shared Rural Network).

First up we have the ECC, which exists to help facilitate the installation and maintenance of electronic communications networks and has already been revised once over the past few years. Now this needs to be updated again in order to reflect the new European Electronic Communications Code (EECC).

The EECC includes various changes, such as a proposal for “making it easier to change service provider and keep the same phone number, including rules for compensations if the process goes wrong or takes too long” (here). All of this is required by the EU to be implemented by December 2020 (the changes benefit the UK and so there has been little obstruction to that, despite Brexit).

In simple terms, Ofcom will be granted a series of new powers and some of the headline features have been summarised below. We’ve covered some of this before in more detail, such as the switching changes (here), but the government will also “bring in some new pro-investment measures from the Code that are in the UK’s national interest and support its plans for nationwide gigabit broadband.”

Summary of Key ECC Changes

Network forecasting – New powers for Ofcom to gather information on operators’ planned network rollout. Ofcom will share this information with the government to allow better targeting of public investment in poorly-connected areas. It will also publish non-confidential data about where rollout is not planned to help inform industry investment.

A focus on gigabit-capable networks – A new broad duty for Ofcom to promote connectivity, access to, and take-up of gigabit-capable networks to help the UK realise its full digital potential.

Promoting cooperation and competition in hard to reach places – In areas where it is costly or difficult to install new networks, such as urban blocks of flats and rural locations, Ofcom will have the power to impose obligations on operators already present to offer network access or to share equipment such as mobile masts with other operators.

Pro-investment regulation – Ofcom’s market review period will be increased from three to five years which will give a longer period of regulatory stability to the telecoms market and more certainty for investors in gigabit broadband.

Easier switching for consumers – Currently, when switching broadband providers, consumers need to liaise with their old and their new provider and juggle the relevant old service end dates and the start dates for new services. Under these changes, they will be able to contact their new provider, who will lead and co-ordinate the switching process so it is as smooth as possible and with minimal loss of service.

Better regulation of bundles – Consumers on bundled contracts, which include mobile and broadband but also other services such as video and music streaming, will be able switch providers more easily. This means they will avoid being locked into bundled contracts if, for example, providers make changes to their contracts, or something goes wrong with just one service in the bundle.

One thing we’d highlight above is that, on switching, consumers generally do not “need to liaise with their old and their new provider” when moving ISP within Openreach’s (BT) network. A Gaining Provider Led (GPL) migration system already exists on Openreach’s platform and so the above is more about extending that to include the new generation of alternative networks (FTTP etc.). Likewise work is under way to improve phone number porting between providers, including VoIP services.

Ofcom has already set out a lot of their plans for many of the aforementioned changes, but we’re still awaiting final statements for most of those. As for network forecasting, the Government says these powers will help encourage the commercial rollout of gigabit broadband in locations where it is not yet earmarked. The government will also be able to take into account this information when deciding where it will spend their £5bn (here).

Mobile Planning Reforms

Next up we have mobile planning and changes to Permitted Development (PD) rights – this part of the announcement only applies to England (devolved regions set their own rules), which we touched on last year (here).

At present 25 metres (height) is currently the legal limit in England for mobile masts / towers (it’s even lower in some parts of the UK, such as Wales), but outside of urban areas operators would also like to build even taller masts because this is one way to significantly boost coverage, while keeping costs down. Around the EU a lot of countries have a 50m limit and 25m also seems increasingly redundant in today’s era of towering wind turbines.

Before the usual mobile health fears start, taller masts actually put the radio equipment even further away from people on the ground (safer). Likewise having taller masts means that you need fewer small masts, which is another bonus on this front. Secondary legislation would be required in order to implement any proposed changes to the planning regulations.

Summary of Key Mobile Planning Changes

* New masts to be built taller, subject to prior approval by the planning authority, to deliver better coverage and allow more mobile operators to place equipment on them.

* Existing phone masts to be strengthened without prior approval, so that they can be upgraded for 5G and shared between mobile operators.

* Building-based masts to be placed nearer to highways to support better mobile coverage of the UK’s road networks, subject to prior approval.

* Cabinets containing radio equipment to be deployed alongside masts, without prior approval, to support new 5G networks.

Before amending the existing legislation, the government will carry out a technical consultation on the detail of the proposals, including the appropriate environmental protections and other safeguards, and the specific limits to be put on the widths and heights of phone masts.

The government say they will also expect Mobile operators – EE (BT), Vodafone, O2 and Three UK – to “commit to further measures and assurances to ensure that the impact of new mobile deployment is minimised.” We’ll have to wait for more detail before knowing what that will look like.

Matt Warman, UK Minister for Digital Infrastructure, said:

“We’re investing billions so no part of the UK is left behind by the opportunities and economic benefits that faster, more reliable and more secure digital connectivity brings.

These changes will help target public funding in hard to reach areas most in need of better broadband. It will also help mobile companies banish rural not-spots by upgrading and sharing their masts.”

Christopher Pincher MP, UK Housing Minister, said:

“Delivering much-needed new homes is at the heart of this Government’s mission to support people in every part of the country, and this means delivering the modern infrastructure needed to go with them.

We’re taking forward plans to extend mobile coverage, particularly for those in rural areas, so everyone can benefit from the latest technology and the jobs, opportunities and growth that comes with this.”

In recognition of the limited time between publication and the date when these measures will come into force, as well as the impact of COVID-19, the government and Ofcom said they have “sought to ensure that measures that directly bite upon industry including consumer protection measures will only be enforced at the appropriate time.”

Put another way, some changes will take awhile to implement. For example, the new broadband migration system, once actually announced by Ofcom (probably later this year), will need a year for full implementation after a final statement. Otherwise the government intends to consult in due course on all of the other proposed ECC changes, at least those that aren’t already in-progress.

Further information on the related consultation and plans can be found here (ECC) and here (mobile planning), although we don’t yet have too many specifics – until the appropriate legislation and regulation has gone through the usual motions.

UPDATE 1:02pm

We’ve just had a comment from Mobile UK.

Hamish MacLeod, Director at Mobile UK, said:

“Changes to planning regulations will make it easier to share, build and upgrade the increasingly critical mobile infrastructure. People expect to be connected wherever they are to a network that works, and we welcome the Government’s response; however, these proposals must be translated into legislative change this year, so that the UK’s economic recovery from COVID can be supported by world-class digital infrastructure.”

UPDATE 4:52pm

Broadband ISP Exascale has given their reaction.

Thomas Bibb, CEO of Exascale, said:

“Myself and Exascale welcome this change in legislation. We look forward to opening dialouge with Ofcom regarding our exciting plans for Telford and other areas in the UK.”