Broadband ISP and network operator KCOM, which is the dominant operator of Hull’s broadband and phone network in East Yorkshire, has today responded to Connexin’s negative criticism (here) of their recent feasibility study on infrastructure sharing (cable duct and pole access) by offering rivals a “quicker way forward“.
At present KCOM holds Significant Market Power (SMP) in the Hull area, which is something that new entrants like Connexin and MS3 have been seeking to change. The fastest and most efficient way of doing this is often by running new fibre via the incumbents existing cable ducts and poles. But while that works well with Openreach’s regulated Physical Infrastructure Access (PIA) product, it’s a different story with KCOM.
The law does require KCOM to fairly share access to their existing infrastructure in Hull (ATI Regulations). However, rival operators expecting the same level of access, flexibility and affordability as the regulated PIA solution from Openreach have often run into problems with KCOM’s confidential commercial terms, which are alleged to place an unfeasibly high price on access.
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Connexin and others thus end up having to build lots of new infrastructure, such as poles, which tends to irritate local communities – especially those that have previously only had underground cables. In recent months, this also has become much more of a political issue (here and here). The UK government even called on operators to “limit installation of telegraph poles” (here), while Ofcom has warned that it lacks the power to do that (here).
KCOM recently attempted to start the process of addressing this by sharing the confidential results of a recent “feasibility study“ they had conducted into infrastructure sharing (PIA) with Connexin, which was promptly criticised by the operator’s CEO, Furqan Alamgir, who said: “KCOM’s feasibility report is merely a 10-page document full of blank spaces and bullet points containing “high level estimates” no firm pricing, no committed timing, and no conclusion as to whether they deem infrastructure sharing feasible or not. This from a company that says it is committed to infrastructure sharing!”
At the time a spokesperson for KCOM said they had been left “surprised and disappointed to read the negative response to the feasibility study from one supplier” and reaffirmed their commitment to “engaging constructively with our suppliers.”
The latest development today is that KCOM has, following last week’s events, suggested a “quicker way forward” to Connexin and MS3, which they’re hoping will appeal to the providers. The details are quite thin, but the operator appears to be proposing a partnership to help co-develop a new pathway to accessing their existing ducts and telegraph poles to run new fibre.
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KCOM said they intend to work constructively with Connexin and other broadband providers to find a simpler, industry-led solution that can be delivered expediently and efficiently and “does not require complex new systems before it can be delivered“. KCOM said they expect to work with Connexin and MS3 initially in targeted local areas over the next few months to see if this solution could work across the Hull region that it serves.
A KCOM spokesperson said:
“It is important that all providers listen carefully to community views on new telegraph poles. We’ve always been ready to work with other operators to provide access to our ducts and poles to reduce their need for new infrastructure.
There is a sensible way forward on this that benefits the communities that we serve, and we want to collaborate with Connexin and MS3 to put it into practice. The right thing to do, now, is to get the ball rolling, as soon as we can, and we hope to receive a positive response from Connexin and MS3 in the coming weeks.”
The Hull-based broadband provider has updated Ofcom on the proposal and intends to launch the process by May 2024, with the aim to see results from this new initiative by the summer.
UPDATE 5:46pm
We’ve had a comment from Connexin.
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A Connexin spokesperson told ISPreview:
“KCOM have been in contact with us regarding their latest proposal. We look forward to meeting with them. Our focus is on moving this forward to achieve a fair and reasonable agreement on infrastructure sharing as quickly and positively as possible.”
Connexin Was meant to come to my town ages ago, still no sign
It is quite clear at least in my view that within the Hull area KCOM has significant market power and ought to be regulated in a similar manner to BT
They are regulated as a significant market power but it’s a strange dynamic as few providers were interested in integrating to a smaller network. Now that there’s interest, it looks like a product is being developed.
The fact that multiple providers are creating infrastructure over each other (including in non-kcom areas) suggests these companies want the infrastructure as well as the fibre.
This reads like an opportunity to throw mud at each other rather than a genuine issue.
It is regulated in a similar manner to BT.
The two companies mentioned in this article use 1/10th the infrastructure outside of KCOM areas they do inside. Zero evidence they want infrastructure-heavy networks.
KCOM are regulated in a similar manner to BT but not the same. BT are required to offer a physical infrastructure access product under terms set by Ofcom and pricing set by Ofcom, Ofcom specifically state that they’ve avoided this with KCOM intentionally, preferring to focus on wholesale access to KCOM’s active network.