ATI Regulations Call for Evidence

The Department for Digital, Culture, Media and Sport (DCMS) has launched a call for evidence as part of a review of the Access to Infrastructure Regulations 2016 (ATI Regulations) to enable telecoms operators to access existing electricity, gas, water and sewer networks to deploy new telecoms networks (i.e. infrastructure sharing). The aim is also to open up access for broadband network operators to house their equipment on passive infrastructure (such as utility ducts, poles and masts) owned and used by other telecoms companies. This part of the broader government plan to build gigabit-capable broadband networks to every home and business in the United Kingdom by the end of 2025.

The call for evidence seeks views from potential access seekers, potential access providers, telecoms perators and other interested stakeholders on how to improve the ATI Regulations to promote infrastructure sharing. Some of the criticisms of the ATI Regulations in their current form include:

• Perceived lack of clarity;
• Lack of single information point;
• Possibility of confusion over the type of infrastructure in scope;
• Issues with land rights and access;
• No standardised costs for access;
• Overcomplicated dispute processes;
• Reluctance of utilities to allows access due to safety concerns; and
• Lack of interest in using the ATI Regulations due to other
  alternatives.

The call for evidence will run for 12 weeks, ending on 4 September 2020.

Next steps

Telecoms clients may want to use this call for evidence as an opportunity to contribute their views and share any concerns in respect of infrastructure sharing under the ATI Regulations. Potential areas to address may include balancing competitive interests between telecoms operators, addressing technical differences between networks and operators, and difficulties of access to certain networks (e.g. complex electricity, water and sewer networks).