Many in the industry are awaiting the outcome of the consultation on the proposed new Part 4A of the Electronic Communications Code. Part 4A seeks to deal with, among other things, a scenario where a Code operator is seeking to provide electronic communications services such as broadband to a block of flats but is unable to do so because the landowner fails to respond to notices served by the operator. It does this through a set form of notices to be served on the landowners, which if non-response continues can lead to an order allowing the installation being made at a first tier tribunal.

A set path to follow in the event of an unresponsive landowner will undoubtedly be welcome to operators frustrated by unresponsive landowners. However, it will be important that this does not come at the detriment of landowners who are unresponsive not because they are deciding to ignore requests but because of a genuine lack of understanding of the Code.

The outcome of the consultation may also reveal whether the Government intends to extend the scope of these powers to other multi-let properties, such as commercial offices and business parks, which could cause many more landowners to be affected by the new Part 4A powers.