Moved by
Baroness Merron
28: After Clause 74, insert the following new Clause—
“Independent review of the electronic communications code
(1) Within the period of three months beginning with the day on which this Act is passed, the Secretary of State must appoint an independent person to undertake a review of the effect of—
(a) the electronic communications code, and
(b) the Telecommunications Infrastructure (Leasehold Property) Act 2021,
on the deployment of 1 gigabit per second broadband and other forms of telecommunications infrastructure.
(2) The review under subsection (1) must, in addition to any other matters the Secretary of State deems appropriate, include consideration of—
(a) the extent to which revisions to the electronic communications code have secured progress towards His Majesty's Government's targets relating to telecommunications infrastructure,
(b) the balance of rights and responsibilities of land- owners and telecommunications operators, and
(c) the impact of this Act on the level of competition in the telecommunications sector.
(3) The independent person may make recommendations to the Secretary of State on matters including (but not limited to)—
(a) potential further revisions to the electronic communications code,
(b) potential amendments to—
(i) legislation, or
(ii) guidance,
relating to the valuation of land used to host telecommunications infrastructure, and
(c) the potential benefits of imposing a requirement for telecommunications operators to report annually to OFCOM on their investment in new infrastructure.
(4) Upon receipt of the report from the independent person, the Secretary of State must—
(a) publish the report,
(b) prepare a response to the report, and
(c) lay a copy of the report and response before Parliament.”
Member’s explanatory statement
This amendment would require the Secretary of State to appoint an independent person to conduct a review of recent changes to telecommunications infrastructure legislation and policy. This review would consider what further changes may be required to ensure regulation in this field delivers new infrastructure in a way that also preserves competition in the sector.