Investigation into IX Wireless Limited's compliance with the Electronic Communications Code

Ofcom has today opened an investigation into IX Wireless’ compliance with its obligations under the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended) (‘the Regulations’).

The Electronic Communications Code is designed to facilitate the installation and maintenance of electronic communications networks across the United Kingdom. IX Wireless, as a designated “Code Operator”, benefits from certain rights under the Code. But when exercising these rights, Code Operators are also subject to conditions and restrictions. Among other obligations, IX Wireless is required to comply with the Regulations, including requirements to:

• ensure that any lines installed over the carriageway of a maintainable highway or, in Scotland, a public road are placed at least 5.5 metres above the surface of the highway or road (Regulation 4(2)(a)); and
• inspect and maintain his electronic communications apparatus, other than apparatus installed underground or inside a building or other permanent structure, so as to ensure that it will not cause injury to any person or damage to property (Regulation 10(1)).

Where Ofcom has reasonable grounds for believing that a contravention of the conditions and restrictions imposed by the Regulations has occurred or is occurring, Ofcom may take enforcement action under section 110 of the Communications Act 2003.

Ofcom’s investigation will examine whether there are reasonable grounds to believe that IX Wireless failed to comply with Regulation 4(2)(a) and/or Regulation 10(1), relating to the height of cable lines and to the inspection and maintenance of its apparatus.

We will gather further information and publish an update to our investigation in due course.