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The UK telecoms regulator, Ofcom, has today opened a new investigation into wireless broadband operator IX Wireless (supported by UK ISP 6Gi / Opus Broadband), which will examine whether the network provider failed in its duty to minimise the visual impact of a 15-metre metal mast / pole when it was installed in Rochdale during 2023.
The operator, which holds an aspiration to cover 250,000 UK premises with their new network (here), is currently building their hybrid fibre and wireless broadband network across several towns in the North West of England, such as Blackburn with Darwen, Burnley, Nelson, Accrington, Thornton-Cleveleys, Fleetwood, Blackpool, Tameside and Oldham etc.
However, the “up to” 15-metre-high metal poles (masts) that they build don’t always go down well with residents in all the areas where they build (many people often highlight their negative visual appearance), although in being a wireless service they only need to deploy a smaller number in order to cover a wide area.
Infrastructure like this is typically built using Permitted Development (PD) rights and that means they don’t have to go through the usual planning process (i.e. they can pop up quite quickly, often without all residents getting much of a say). But the Electronic Communications Code (ECC), which reflects a set of rights that are designed to facilitate the installation and maintenance of such networks, does still impose some general requirements.
In this case, Ofcom appears to be looking at a single deployment of an IXW pole in Rochdale during 2023, and whether or not the operator correctly considered the need to “minimise the impact on the visual amenity” of nearby properties during their installation.
Ofcom Statement – CW/01294/04/25
Ofcom has today opened an investigation into IX Wireless’ compliance with its obligations under the Electronic Communications Code (Conditions and Restrictions) Regulations 2003/2533 (as amended) (‘the Regulations’).
The Electronic Communications Code is designed to facilitate the installation and maintenance of electronic communications networks across the United Kingdom. As a designated “Code Operator” IX Wireless benefits from certain rights under the Code but is also subject to conditions and restrictions when installing telecommunications apparatus.
Among other requirements, IX Wireless must, so far as reasonably practicable, minimise the impact on the visual amenity of properties when installing an electronic communications apparatus (Regulation 3(3)(a)).
Ofcom’s investigation will examine whether there are reasonable grounds to believe that IX Wireless has failed to comply with these Regulations when installing a 15-metre piece of metal infrastructure on a residential street in Rochdale in 2023.
We will gather further information and publish an update to our investigation in due course.
Ofcom’s powers in this area remain quite limited (here) and investigations like this often take a long time to run their course (they’ve also been investigating Brsk’s deployment of poles since Sept 2024 – here), which means that we might have to wait until late 2025 or even 2026 before a final outcome is published.
Network operators will no doubt still be watching the regulator’s investigation very closely, since it has the potential to set new precedents for their own deployments of similar infrastructure. On the other hand, IXW’s large metal poles/masts are visually quite different, as well as being much larger, than your typical c.9 metre high wooden telegraph / telecoms poles (i.e. any ruling may not be directly translatable to the latter).
Finally, it’s worth noting that the ISPA and INCA recently published new ‘Best Practice Guidance’ for gigabit broadband operators that are building new poles as part of their UK network expansions. The guidance aims to support the Government’s goal of “ending the deployment of unnecessary telegraph poles” (here), not least by requiring providers to engage more closely with communities before they build (details here).