In May 2019, Exascale Limited applied to Ofcom for Electronic Code Powers.

On 1st November 2019, Ofcom published, in accordance with section 107(6) of the Act, anotification of its proposal to give a direction applying the Code to the Applicant for the reasons setout in the consultation document accompanying that notification. That notification invitedrepresentations to Ofcom by no later than 5pm on 2 December 2019.

During the consultation period Ofcom received one response objecting to the proposal. The respondent was concerned about the potential health issues arising from weak electromagnetic fields that might be generated by communications equipment deployed by the Applicant (and other persons to whom Ofcom appliesthe Code).

Ofcom having considered the objections to Exascale’s proposal for Electronic Code Powers, concluded that the response raisedissues concerning Government policy relating to the rollout of advanced communications networksand the technology they employ. In particular, the Government’s assessment of the safety of non-ionising radiation. Ofcom has no power to alter these policies or the statutory framework that setsout the Code. It is therefore unable to include consideration of the issues raised by the respondentas part of its assessment of the application.

Ofcom therefore decided in Exascale’s favour, in accordance with section 106 of the Act, as follows—

(a) the Code shall apply to the Applicant for the purposes of the provision by the Applicant of an electronic communications network; and

(b) that application of the Code shall have effect throughout the United Kingdom.