Ofcom UK investigates Brsk over provision of broadband masts in Birmingham

Network operator Brsk, which is currently being merged with Neomnia (here), is facing an investigation by Ofcom after the regulator suggested the operator may “has not fulfilled its obligations“as part of Code Powers during the introduction of new ones”Telegraph poles” as part of their new full fiber (FTTP) broadband ISP network in Birmingham.

The operator, which has already reached 633,000 homes, is currently rolling out its new network across parts of West Yorkshire, Lancashire, Greater Manchester, Cheshire and the West Midlands (Birmingham and The Black Country). Much of this work involved the use of wooden poles to lay fiber optic cables, which is a common practice but has led to some complaints in recent years.

Such poles are quick and inexpensive to build, can be deployed in areas where there may be no space or access agreement to safely lay new underground cables, and are less disruptive (thus avoiding noise, access restrictions, and damage to pavements from road construction). ). and can be built under Permitted development (PD) rights with minimal notice. But it’s the last one in this list that seems to be giving brsk problems today.

Ofcom says they have launched an investigation following a complaint: “whether BRSK has failed to comply with its obligations under the ECC Regulations to consult and give 28 days’ written notice to a local planning authority before installing telegraph poles in the Birmingham area.”

Statement from Ofcom

In May 2024, Ofcom received a complaint and supporting evidence which gave Ofcom reasonable grounds to believe that BRSK may be in breach of Regulation 3(1)(b) and/or Regulation 5(1) when installing telecommunications masts to expand its broadband network Network in the Birmingham City area has violated regulations.

Ofcom takes compliance very seriously. Meaningful engagement with local planning authorities prior to the installation of network equipment is an important element of the regulatory framework, not least because it enables the planning authority to bring relevant local considerations to the attention of the code operator and establish appropriate conditions for the installation of equipment. Failure to follow the process set out in the regulations may therefore increase the risk of devices detracting from the visual appeal of properties and posing hazards.

Ofcom’s investigation will consider whether there are reasonable grounds to believe that BRSK violated Regulation 3(1)(b) and/or Regulation 5(1) in exercising its rights as a code operator under the Electronic Communications Code ) has violated the regulations.

We will provide an update on this investigation in due course.

We currently have no details on the case itself beyond Ofcom’s vague overview, but we have reached out to Brsk for comment (they are currently working on that response). The government recently signaled that it “Stop putting up unnecessary telegraph poles” (here), although Ofcom has warned that its powers in this area are very limited (here).

However, it would be very unusual for an operator to fail to inform a local planning authority of such deployments and therefore we do not expect Ofcom’s investigation to result in major changes for the wider industry. However, we do not yet have all the key details or know the extent of this specific breach. Not to mention, this is the first complaint of its kind we’ve seen, meaning it still has the potential to set a new precedent.