Bills, Bills, Bills – Introducing the Access to Telecommunications Networks Bill
The Access to Telecommunications Networks Bill, a private members bill introduced in the House of Commons on 21st October 2024, seeks to address issues of network coverage, sharing and competition within the UK’s telecommunications sector (the “Bill”). It remains to be seen whether the Bill will gain Royal Assent, but it certainly appears to be attracting some interest.
The Bill aims to introduce new sharing obligations for operators by amending parts of the Code. Specifically, the Bill if approved would add a new paragraph 3A compelling operators to facilitate access to their infrastructure for competitors to achieve consistent network coverage.
The intention of the Bill is to prevent network monopolies and ensure that all providers can offer reliable services, especially in underserved regions. Recognising that physical sharing of apparatus may not always be feasible, the Bill also mandates the development of proposals to incentivise providers to allow customers of other networks to use their services in such cases.
The fees for such sharing will be capped at the "standard market rate", as determined by the OFCOM guidance and to prevent anti-competitive practices. The proposed Bill would also empower OFCOM to impose penalties on providers who unreasonably refuse to share their apparatus with other operators. The Secretary of State would be required to establish regulations detailing the nature of these penalties and the circumstances under which a refusal would be deemed unreasonable.
If enacted, this Bill is likely to alter the way the Tribunal approaches sharing rights. Sharing apparatus is, of course, a Code right. However, the proposed amendment introduces a statutory duty to share in certain circumstances, with regulatory consequences for non-compliance. This shift means that sharing rights will not only be necessary for operators to fulfil statutory purposes, but also to meet this new legal obligation.
Overall, while there may be some positive aspects, the general sentiment among operators to the Bill could be one of reluctance, especially if the Bill is perceived as eroding an operator’s control over valuable infrastructure or imposing significant new obligations on operators. The Bill may, however, prove to be more popular with new entrants or smaller providers seeking access.
In summary, the Bill if approved would represent a significant step towards enhancing network coverage, promoting competition, and improving consumer access to telecommunications services across the UK. By mandating infrastructure sharing, regulating charges, imposing penalties for non-compliance, and incentivising broader network access, the Bill aims to create a more equitable and efficient telecommunications landscape.
If you would like to discuss the Bill in further depth or require any advice on the Code, please do not hesitate to contact Martin Garner, Charlotte Green or Rebecca Hilditch in our Telecoms team.
