Closed
BRSK Limited (‘BRSK’)
30 September 2024
4 July 2025
We are investigating whether BRSK failed to comply with its obligations to consult with, and provide 28 days’ written notice to, a local planning authority before installing certain electronic communications apparatus.
Regulations 3(1)(b) and 5(1) of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended).
On 4 July 2025, Ofcom issued its Final Decision to BRSK in respect of BRSK’s compliance with the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended) (‘the Regulations’).
Ofcom has determined that there are reasonable grounds for believing BRSK has contravened its obligations under the following Regulations, when installing electronic communications apparatus in the Birmingham City area:
- Regulation 3(1)(b), which states that “a code operator shall consult – planning authorities in relation to the installation of electronic communications apparatus…” and
- Regulation 5(1)(a), which states that “a code operator must give 28 days’ notice in writing, to the planning authority for the area in question where the code operator has not previously installed electronic communications apparatus in the area and (subject to paragraph 1A) is intending to install such apparatus in the area.”
In light of this finding, Ofcom is imposing a penalty of £7,000 for each contravention, totalling £14,000, on BRSK. This penalty was set having regard to the statutory limit of £10,000 per contravention, as well as our Penalty Guidelines. The final penalty amount reflects a 30% discount on the penalty Ofcom would otherwise have imposed following BRSK’s full admission of liability and agreement to settle this case.
The penalty amount reflects several factors, including that Ofcom considers these breaches represent a serious failure to follow important Regulations which intend to provide safeguards to local communities. In this case, hundreds of pieces of electronic communications apparatus were installed without the knowledge of the local authority and, therefore, without a proper understanding of how BRSK’s deployment might potentially impact local considerations. Ofcom also considered the need to deter BRSK and other Code Operators from future contraventions of these important Regulations in future.
We have published a non-confidential version of the decision today.
Ofcom has today opened an investigation into BRSK’s compliance with the conditions and restrictions set out in the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended) (‘the Regulations’).
Background
The Electronic Communications Code is designed to facilitate the installation and maintenance of electronic communications networks across the United Kingdom. It provides a set of rights to those designated by Ofcom as “Code Operators”, including the right to benefit from simplified planning procedures aimed to assist in the rollout of broadband and other telecommunications networks.
When exercising these rights, Code Operators are subject to the conditions and restrictions imposed by the Secretary of State in the Regulations.
BRSK was designated as a Code Operator on 23 March 2021. From that stage, it was (and remains) required to comply with the Regulations, including requirements to:
- consult with local planning authorities prior to installing electronic communications apparatus (Regulation 3(1)(b)); and
- give the local planning authorities 28 days’ written notice prior to installing certain electronic communications apparatus (Regulation 5(1)).
Where Ofcom has reasonable grounds for believing that a contravention of the restrictions and conditions imposed by the Regulations has occurred or is occurring, Ofcom may take enforcement action under section 110 of the Communications Act 2003.
The investigation
In May 2024, Ofcom received a complaint and supporting evidence which gave Ofcom reasonable grounds to suspect that BRSK may have breached Regulation 3(1)(b) and/or Regulation 5(1) of the Regulations when installing telecommunications poles to build its broadband network in the Birmingham City area.
Ofcom takes compliance with the Regulations very seriously. Meaningfully engaging with local planning authorities prior to installing network apparatus is an important element of the regulatory framework, not least because it enables the planning authority to bring relevant local considerations to the Code Operator’s attention and set appropriate conditions governing the installation of apparatus. Failure to follow the process set by the Regulations can therefore increase the risk of apparatus adversely impacting on the visual amenity of properties and posing hazards.
Ofcom’s investigation will examine whether there are reasonable grounds to believe that BRSK has failed to comply with Regulation 3(1)(b) and/or Regulation 5(1) of the Regulations when exercising its rights as a Code Operator under the Electronic Communications Code.
We will provide an update on this investigation in due course.
Enforcement team (enforcement@ofcom.org.uk)
CW/01288/09/24