Ofcom declines to launch review into East Yorkshire broadband companies
East Riding Council have asked the regulator to take action
Ofcom has declined to launch an emergency review into broadband companies in East Yorkshire, or to bring a halt to current works, following a request from a local authority.
East Riding Council asked the telecommunications regulator to take action amid a sustained backlash to the rollout of new broadband infrastructure. But in a letter to the council, Ofcom said its powers to stop works were limited and KCOM was already obliged to share its infrastructure with other providers.
Questioned by LDRS, a spokesperson for Ofcom said it could not force other companies to use KCOM’s infrastructure and confirmed that no rival had raised a formal dispute. Last week, KCOM unveiled a new plan for shared infrastructure, while a Government minister called on operators to curb unnecessary installations of poles.
In January, councillors led by Coleen Gill called on Ofcom to suspend all ongoing infrastructure work until a review of the local telecoms market could be conducted. Ofcom’s reply stated that the regulator had already made it clear to KCOM, along with the challenger companies Connexin and MS3, that they were expected to try to agree to share infrastructure.
The regulator said that, where no agreement could be made, it expected rival companies to raise formal disputes so it could investigate and impose a solution. It argued that the best way to stop the spread of more broadband poles was for companies to be encouraged to work together to resolve the situation.
Ofcom’s spokesperson said there were only certain conditions under which it could force companies to stop constructing new infrastructure. This criteria had not been met.
The spokesperson said: “We’re actively engaging with all companies involved, but we have not, to date, received a dispute from any provider in relation to KCOM failing to comply with its obligations regarding access to its ducts and poles. Ultimately, we can’t force other companies to use KCOM’s infrastructure. We can only stop them from deploying their own infrastructure in very limited circumstances, like when national security or public safety are at risk.”
Cllr Gill, who represents Dale ward, said she was frustrated by the lack of action. In her motion to the council in January, she called on Ofcom to launch an emergency market review into the Hull telecommunications area ahead of one already scheduled for 2026. She also called on KCOM to publish prices for accessing its infrastructure, and said companies should have to prove that they had tried to reach agreements to share infrastructure.
Speaking in the wake of Ofcom’s reply, Cllr Gill said: “All we were asking for was the review to be brought forward and instead it’s been put off. Who knows if anyone’s going to take this broadband on and we’re left with wasted poles just stuck there. I get frustrated when they can’t do anything positive for our area.”
Last week, Cllr Gill accused MS3 of showing a lack of respect after contractors put up a pole opposite a war memorial in Brough. She said she told contractors that the siting of the pole could affect Remembrance Day services. MS3 said it would visit the site to review the location and offered to meet with Cllr Gill to discuss her concerns.
The latest developments came as Julia Lopez, the Digital Infrastructure Minister, told broadband firms that they should avoid installing new infrastructure unnecessarily and warned that the Government reserved the right to take further action. “Most telecoms companies are doing a fantastic job in delivering that connectivity with the support of those communities, by sharing existing infrastructure and taking into account surroundings when putting up new poles. But we know that there are some firms that are losing that vital community support by inappropriately or unnecessarily throwing up new infrastructure,” she said.
Will KCOM plan bring saga to an end?
KCOM said it had worked flat out to complete a feasibility study that sets out how other broadband providers could use the company’s infrastructure. A spokesperson said the plan had been passed on to Connexin for consideration. Connexin said it would respond after reviewing the study.
The move was welcomed by Graham Stuart, the MP for Beverley and Holderness. He said: “This could be the breakthrough we’ve been pushing so hard for. At last we have KCOM admitting there was more they could do to help their broadband competitors come into the market by making it reasonable for them to share the existing KCOM infrastructure.
“Now let’s see how Connexin react to this. Connexin need to be given the time to consider what’s in the report to see if it’s something they can work with.
“This could just be the start of the process and I will work with both sides to find the solution. We need to bring this issue to a close as soon as possible this year with KCOM, Connexin and MS3 working in concert to bring broadband competition and lower prices to our area without the streetscape being strewn with ugly poles and wires.”
Details of the plans remain commercially confidential, but talks could follow in April. A KCOM spokesperson said Connexin was the only operator that had requested access to its infrastructure. That request was made in January this year.
Meanwhile, David Davis, the MP for Haltemprice and Howden, said he was pleased to hear Ms Lopez calling for companies to do more to share infrastructure. The MP said: “I’m very pleased to see the minister agrees about the damage these poles inflict on locals and has made this clear to the operators responsible.”