CityFibre takes on Ofcom over pledge to open BT ducts and poles

Small broadband provider CityFibre has complained to the competitions watchdog that Ofcom is backtracking on its promise to break the country's dependency on BT's Openreach by forcing greater access to its ducts and poles.

In its Digital Communications Review (1.23, page 10) in February, Ofcom said it would open up the former state monopoly's infrastructure for other providers.

CityFibre has specifically appealed against Ofcom's decision not to impose duct access in the leased lines markets.

However, in its subsequent Business Connectivity Market Review, the regulator said: "We think that at this stage in leased lines markets, it is appropriate to impose dark fibre and not duct access."

Mark Collins, director of strategy and Public Affairs at CityFibre, said by stopping short of allowing access to Openreach's ducts for the business market, Ofcom has gone back on its promise.

He said: "We believe Ofcom is implementing poor and inconsistent regulation, and we have a duty to robustly contest their decisions and policies in the normal course of business – especially where they conflict with stimulating long-term investment in the critical digital infrastructure which the UK so badly needs.”

Ofcom is expected to release more details about its proposals to open up BT's ducts and poles this summer, along with plans to force through a greater structural separation of BT and Openreach.

An Ofcom spokesperson said of the appeal by CityFibre: “We will defend our decisions, which are designed to ensure that consumers and businesses benefit from competition and investment in the market for high-speed lines.” ®