Ofcom investigating internet firm Brsk over installation of telegraph poles in Birmingham
Ofcom has launched a probe into whether internet provider Brsk "failed" to consult Birmingham planners before installing telegraph poles in the city. The regulator said it had received a complaint in May 2024 over the firm's broadband rollout.
Ofcom said it had "reasonable grounds" to suspect Brsk "may have breached" regulations when installing telecommunications poles in Birmingham. Engaging with local planning authorities prior to installing network apparatus is an important element of the regulatory framework, the media watchdog said.
It added that failure to follow regulations can "increase the risk of apparatus adversely impacting the visual amenity of properties" and could be hazardous. Northfield MP Laurence Turner said today he will raise the issue in Parliament "next week".
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He wrote on social media platform X this afternoon: "Ofcom has now confirmed that it is investigating whether the broadband rollout in south Birmingham is in line with the rules. I have secured a debate on this issue in Parliament next week."
Under the Electronic Communications Code (ECC), designated telecoms companies benefit from simplified planning procedures designed to facilitate the rollout of better broadband and mobile networks. However, they're subject to certain conditions set out in the ECC Regulations issued by the Government.
An Ofcom spokesperson said: "Having received a complaint, we're investigating whether Brsk failed to comply with its obligations under the ECC Regulations to consult with, and provide 28 days’ written notice to, a local planning authority before installing telegraph poles in the Birmingham area.
"The requirement to engage with planning authorities is an important part of these regulations, as it ensures the provider is suitably informed about local concerns and provides some balance to the simplified planning procedures. Through this engagement, planning authorities can draw relevant local considerations to the provider’s attention – such as possible hazards or visual amenity concerns – and set appropriate non-binding conditions with which they would like the provider to comply.
"In May 2024, Ofcom received a complaint and supporting evidence which gave Ofcom reasonable grounds to suspect that Brsk may have breached Regulation 3(1)(b) and/or Regulation 5(1) of the regulations when installing telecommunications poles to build its broadband network in Birmingham. Ofcom takes compliance with the Regulations very seriously.
"Ofcom’s investigation will examine whether there are reasonable grounds to believe that Brsk has failed to comply with Regulation 3(1)(b) and/or Regulation 5(1) of the regulations when exercising its rights as a Code Operator under the Electronic Communications Code."
Brsk told BirminghamLive it was "fully supportive of the investigation launched by Ofcom" into the "potential breaches". A spokesperson for the firm said: "Brsk has been engaging with Ofcom and Birmingham City Council for a number of months relating to this matter.
"We're committed to ensuring that we have an ongoing and proactive dialogue with the council and will continue to collaborate with them going forward. We're committed to full transparency and engagement remains a top priority for us as a business, especially in our engagements with local authorities wherever we deploy our network."