ANALYSIS OF PROPOSED MEASURES FOR REFORM OT THE ELECTRONIC COMMUNICATIONS CODE

The Electronic Communications Code “The Code” was enacted as part of the Telecommunications Act 1984. The Code regulates the relationship between electronic communications operators (known as “Code operators”) and site providers. It provides the legal framework for the rollout and maintenance of the physical networks of apparatus that support the provision of electronic communications services throughout the United Kingdom.

The existing Code is out-of-date, and lacks the clarity to inform the agreements between Code operators and site providers that enable and sustain networks. In 2011, the Government asked the Law Commission for England and Wales to carry out a review and make recommendations on reforming the Code. The Law Commission published its report in February 2013. In February 2015 DCMS developed and published a draft Bill for consultation. The consultation closed in April 2015 having run for 9 weeks. DCMS’ analysis of the responses will help to assess some keys issues that have been raised as part of this process.

Government’s key objective remains to provide a modern and robust legal framework that ensures connectivity, expands mobile coverage, and takes into account the interests of all parties.

This study is being commissioned to contribute to Government’s analysis of the impact of proposed measures.