Policy background Part 2: Telecommunications Infrastructure
The Government’s Future Telecommunications Infrastructure Review in 2018 established the importance of the UK telecommunications market to future economic growth. The review concluded that, while the UK is a world leader in "superfast" connectivity, there were several barriers to deployment that inhibit widespread access to the next generation of gigabit-capable broadband. Gigabit-capable broadband coverage is currently at 72 per cent. The Government pledged to review the relevant policy and legal framework to identify ways to overcome any administrative and legal obstacles delaying broadband deployment.
	The 2019 Conservative Party Manifesto pledged to ensure that everyone across the UK gets to enjoy the benefits of greater connectivity and promised to legislate to speed up UK digital connectivity. In November 2020, the Government committed to delivering gigabit-capable broadband to 85 per cent of UK premises by 2025 to support digital growth and innovation.
	The Government is working with industry to target a minimum of 85 per cent gigabit-capable UK coverage by 2025 and to get as close to 100 per cent as possible. The Government is also aiming to ensure that 95 per cent of the UK’s geographic landmass has 4G coverage from at least one mobile network operator by 2025 and that the majority of the UK population has 5G coverage by 2027.
	Rights to install, maintain, upgrade and share telecommunications apparatus are regulated by the Electronic Communications Code ("the Code"). The Code was substantially reformed in 2017, with changes intended to make it cheaper and easier for operators to deploy, upgrade and share their apparatus. While improving the situation in some parts of the industry, subsequent Government engagement highlighted that the 2017 reforms have not been working as intended in a number of key areas.
	In January 2021, the Government therefore ran a consultation on further reform of the Code. Through this process, the Government identified that a number of reforms to the Code were needed to support delivery of the digital communications services that UK consumers and businesses need. These include:
amendments to operator rights to upgrade and share their apparatus, to optimise the use of existing networks and reduce the need for additional installations;
changes to support the renewal of certain code agreements that are due to expire or have expired, to bring the process and renewal terms closer to those for new Code agreements;
promotion of faster and more efficient negotiations by measures promoting the use of alternative dispute resolution ("ADR"), to encourage collaboration and remove any incentive to delay the completion of Code agreements; and
introduction of a streamlined process for cases where a relevant person, as described in paragraph 20 of the Code, fails to respond to operator requests for Code rights.
	In June 2020, DCMS ran a call for evidence on possible reforms to The Communications (Access to Infrastructure) Regulations 2016 (SI 2016/700). Having a power to amend the Regulations would make them more useful for the digital infrastructure sector so that the impact achieved by the 2016 legislation keeps pace with innovation in the sector and the original policy intent. In light of this, the Act includes a power through which the Secretary of State can amend the Regulations by statutory instrument. Any such instrument will be subject to the affirmative resolution procedure.