Guidance

Gigabit Infrastructure Subsidy guidance: transparency (monitoring and reporting)

Updated 26 July 2024

Please Note: External organisations, such as suppliers and local bodies, are advised to seek their own legal advice in respect of the content of this document. DCMS (including BDUK) accepts no liability for: (i) the accuracy of this document; or (ii) its use in respect of implementing a broadband project or otherwise.

1. What is transparency?

1.1 The UK broadband industry is working at great pace to deliver urgently needed connectivity across the UK. The Gigabit Infrastructure Subsidy scheme (GIS) is working in parallel with this activity and a major challenge for us is to ensure that what we are doing is complementary to industry efforts and does not cut across them. A key strand of our approach is transparency in what we are doing, to ensure that suppliers, and the public, are aware of our plans. There is also a need to be consistent with the requirements of the UK Subsidy Control regime.

1.2. The National Competence Centre within Building Digital UK (BDUK) will act as administrator of the GIS scheme - for implementing bodies as subsidy granting authorities - and for suppliers as subsidy beneficiaries. As examples, implementing bodies may include BDUK, devolved administrations and local bodies. In administering the scheme, the NCC will publish guidance and act as an initial point for questions and complaints in relation to it.

1.3. The principle of transparency applies to sound administrative management and record keeping in relation to the GIS projects and the publication of specific information about GIS and its projects - a full list of publications is in Annex 1.

2. Role of BDUK and implementing bodies

2.1. BDUK will ensure that there is a high level of transparency relating to the use of public funds under the GIS scheme. Whereas under 2016 National Broadband Scheme (2016 NBS) local bodies procured the majority of contracts and BDUK only procured occasionally, this time we expect BDUK to procure the vast majority of contracts, though we will leave it open to allowing other parties to procure where that would be the most appropriate approach. Where an implementing body - such as BDUK, a local body or devolved administration - carries out procurement, their transparency requirements are set out below in this document.

2.2. As under 2016 NBS, the NCC will use the BDUK Subsidy Control web page so that information relevant to the GIS can be shared with suppliers seeking to participate in a procurement and for those suppliers awarded contracts

2.3. Information the NCC will make available will include the following:

2.3.1. On the BEIS subsidy portal , the NCC will publish a description of the scheme and details of each project award within 6 months of it being granted. Details will include:-

2.3.1.1. The legal basis and policy objective or purpose of the subsidy.

2.3.1.2. The name of the recipient of the subsidy when available

2.3.1.3. The date of the grant of the subsidy, the duration of the subsidy and any other time limits attached to the subsidy.

2.3.1.4. The amount of the subsidy or the amount budgeted for the subsidy.

2.3.2. Specific guidance on the GIS, including:

2.3.2.1. A detailed overview of the Scheme

2.3.2.2. Guidance on the specific commercial delivery vehicle(s) utilised for GIS (for BDUK, this will be Local Supplier, Regional Supplier or Cross-Regional Supplier Procurements)

2.3.2.3. Mapping and Public Review

2.3.2.4. Gigabit capable technologies

2.3.2.5. Wholesale Open Access Network Requirements

2.3.2.6. Wholesale Access and Pricing Benchmarking

2.3.2.7. Transparency guidance (this document)

2.3.2.8. Clawback Mechanism

2.3.3. Template documents for open market review and public review

2.3.4. Procurement documentation. We will meet the requirements under the Public Contracts Regulations 2015 (PCR 2015).

2.3.5. Information in relation to the GIS procurement pipeline.

2.3.6. Information about how GIS will be evaluated over the duration of the scheme.

2.4. BDUK has published Project Gigabit - Table of Ongoing BDUK Subsidy Procurements. This document links to local broadband projects and provides information on their progress, open market reviews, public reviews, procurement information, coverage mapping and infrastructure built under GIS.

2.5. Local bodies, suppliers and any other interested stakeholders with questions or comments can contact BDUK via the email address subsidy.control@bduk.gov.uk

3. Transparency requirements for BDUK and other implementing bodies

3.1. BDUK and other implementing bodies have a major role in ensuring transparency. Implementing bodies will meet the transparency principle by the publication of links to the information published by BDUK (as described below in section 3.2) on their websites. They should also include a link through to the Project Gigabit - Table of Ongoing BDUK Subsidy Procurements. Where a significant number of premises within a Lot fall outside the area governed by the implementing body (i.e. within another county boundary), the relevant neighbouring bodies should also be encouraged to publish links to the information below on their website.

3.2. BDUK will publish and maintain on their website:

3.2.1. General information on the progress of the project and how to access broadband.

3.2.2. Open Market Reviews and Public Reviews including final maps.

3.2.3. Details in relation to the procurement and its outcome (including selected bidder, aid amount, aid intensity and technology used).

3.2.4. Summary details of infrastructure built (when capable of serving customers) and access conditions that apply, to be updated each quarter.

3.2.5. Coverage maps and timing of coverage to be provided so that existing and planned coverage can be identified at a postcode level.

3.3. Failure to comply with the transparency requirements set out in this document could result in a broadband project being considered incompatible with the requirements of the UK Subsidy Control regime.

3.4 BDUK will ensure that tender and contract documentation is not restricted in such a way that it prevents information being utilised to meet the above requirements and also in meeting the GIS Reporting and Evaluation requirements. In addition to the information above the following information should be made available by GIS suppliers contracted by the implementing body so that it can be shared with the regulator:

3.4.1. When broadband services went live on the network.

3.4.2. The wholesale access products offered on the network.

3.4.3. Details of access seekers and service providers on the network.

3.4.4. Details of premises passed by the network and connected to it, by end user premise.

3.4.5. Details of technology types used on the network.

4. Role of local bodies

4.1 As explained in section 2, we expect BDUK to procure the vast majority of contracts, though we will leave it open to allow other parties to procure where that would be the most appropriate approach. Local bodies who are not carrying out procurement will be asked to publish links to BDUK’s transparency documents on their own web pages where GIS projects deliver significantly within their boundary. See section 2 for guidance on the role of local bodies or devolved administrations carrying out procurement (implementing bodies).

5. Supplier obligations

5.1. Suppliers are required to be open and transparent about information for any other suppliers seeking to access the newly subsidised infrastructure and to publish upon their own websites details of the access products available on the new network and their pricing.

5.2. Where a supplier also provides retail services, a reference offer for wholesale services must be made available to competitors at least 6 months before starting the provision of retail services.

5.3. Additionally, the supplier’s website should clearly provide details of how information can be obtained by potential access seekers about the location of the new infrastructure and its components should they wish to seek access to the new infrastructure.

5.4. BDUK will provide links to suppliers’ websites via the Table of Local Broadband Projects referred to above.

6. How long should the information be published and maintained?

6.1. BDUK will publish and maintain information on their broadband projects for a minimum of 7 years from completion of the infrastructure deployed i.e. the operational phase of the project, where wholesale services shall be made available.

6.2. All records relating to the project should be retained for a minimum of 10 years from the date that subsidy is awarded (i.e. when the contract is executed), or any longer period as specified by local requirements or funding requirements.

NCC - BDUK / November 2021

Annex 1 - Publications List

A. GIS broad transparency requirements	Timeline guidance
On the BEIS subsidy portal:
• Details of awards granted (on BEIS transparency portal) including: • the legal basis and policy objective or purpose of the subsidy • the name of the recipient of the subsidy when available • the date of the grant of the subsidy, the duration of the subsidy and any other time limits attached to the subsidy • the amount of the subsidy or the amount budgeted for the subsidy	As soon as possible after subsidy is granted (within 6 months)
On the BDUK web page:
• Table of Local Broadband projects	As soon as possible
• General information on the progress of the project and how to access broadband	To be updated as soon as possible after each milestone
• Details in relation to procurement and its outcome (including selected bidder, aid amount, aid intensity and technology used)	To be updated as soon as possible after each milestone
• Summary details of infrastructure built (when capable of serving customers) and access conditions that apply, to be updated each quarter	Approx. 6 months before start of provision of retail services
• Coverage maps and timing of coverage to be provided so that existing and planned coverage can be identified at a postcode level	Stage 2
• A specific BDUK email address to which any questions or comments can be addressed	Already in place
B. External guidance notes:
• Guidance on: • Transparency • Mapping and Public Review • Wholesale Access requirements • Wholesale Access Price Benchmarking • Clawback • Gigabit capable technology guidelines	As soon as possible
C. Commercial transparency requirements:
As required by public procurement regulations
D. OMR/PR stage publication requirements:
On the BDUK Subsidy Control web page:
• end of public review report	As soon as possible after public review closure and before ITT is issued
• list of postcodes with white, grey, black and under review determinations	After OMR, public review and before ITT issue
• postcode level map detailing white, grey, black and under review determinations	After OMR, public review and before ITT issue
• postcode level map of intervention areas	After OMR, public review and before ITT issue
• commercial delivery vehicles (Types A, B or C) selected for the specific procurement	After OMR, public review and before ITT issue
E. Wholesale Access and Wholesale Access Price Benchmarking publication requirements
Wholesale Access • In case the network operator also provides retail services, a reference offer for wholesale services must be made available to competitors at least 6 months before starting the provision of retail services • Information on how suppliers can be provided with details of the location of the new infrastructure and its components in the event they wish to seek wholesale access to the new infrastructure • A link to the successful supplier’s website • When broadband services went live on the network • The wholesale access products offered on the network • Details of access seekers and service providers on the network • Details of premises passed by the network and connected to it, by end user premise • Details of technology types used on the network	Minimum 6 months before start of provision of retail services