Telegraph Poles: Hints of better practice from Government….

Hints of better practice on telegraph poles deployment from the Government and action against the “bad actors”.

THE GOVERNMENT has hinted that change is coming in its support for local authorities in managing the rollout of new networks aimed at bringing the benefits of greater connectivity to communities. The changes were hinted at in a Westminster Hall discussion on Wednesday, March 13 addressed by the Minister responsible Julia Lopez MP. The entire discussion, prompted by MPs in the North West of the country, is available via Hansard at the link:

5G Masts Greater Greater Manchester debated on Wednesday 13 March 2024

The Minister referred to the Hull KCOM area several times but with the inference that perhaps the broadband rollout was just experiencing problems in certain geographical areas and because of certain “bad actors”:

“…is it just that there are particular problems in particular geographical areas where I think we need to be doing something, whether that is ensuring that infrastructure in Hull is better shared or addressing the particular operators acting in a way that is certainly not the intention of the code and guidance….

“…we want operators to be able to install infrastructure quickly, but that is not some kind of one-way street. We must ensure that operators understand that that is not without restriction. The legislation rightly recognises that there can be an impact of network deployment on communities and the environment, and there is a balance to be had and rules to which telecoms companies ought to adhere. Good operators understand that, but I think there is an issue with bad actors and bad examples, which we are very keen to drill down into.

Julia Lopez Minister of State for Data and Digital Infrastructure

Also, the Minister has today released a statement to all fixed-line operators which highlights the following (underlined in the original):

In light of increasing public concern, it is more important than ever for you to ensure that you are doing everything possible to explore the possibility of sharing existing infrastructure and underground network deployment before making the decision to use telegraph poles. New telegraph poles should only be in cases where installing lines underground is not reasonably practicable, and only after ensuring that appropriate community engagement has taken place and that the siting of new infrastructure will not cause obstructions to traffic or unduly impact the visual amenity of the local area.

Julia Lopez Minister of State for Data and Digital Infrastructure

In a timely fashion (sic) KCOM announced yesterday that it has conducted a feasibility study that could enable other broadband providers to share its passive infrastructure without the need for more telegraph poles.

Any broadband provider would be able to use the infrastructure sharing service that KCOM has developed, in accordance with KCOM’s regulatory duties. However, it should be noted that, apart from Connexin,  KCOM has not received any other requests for access to its passive infrastructure under the regulatory scheme established by Ofcom. 

KCOM media release

Meanwhile, presumably one of the “bad actors” referred to by the Minister, MS3 Networks has recently published a web page on infrastructure and under the heading Engagement, says this:

Engagement

How does MS3 work with residents when installing poles and how can they object if they oppose them?

We follow the Cabinet Siting and Pole Siting Code of Practice and that states that we should give 28 days’ notice before a pole is installed. We put up notices on lampposts and during that 28-day period giving our details so that residents have an opportunity to contact us.

That gives residents a chance to tell us information that we did not know when we made our network design plans which may change the location, for example if there is a resident who has additional access needs due to disability.

For an objection to be valid it needs to be recognised under the relevant legislation including the Code. Not wanting a pole outside your house is not a recognised reason to object under the legislation.

Regarding Hedon, where they told the Hedon Town Council that they intended to go underground to install infrastructure in Summer 2022, then deployed poles instead, they say:

Why did MS3 state in 2022 that it would build an underground network in Hedon then decide to use telecommunication poles instead?

Network builders design in stages, with each one adding more detail. Our high-level designs indicated that we were most likely to install our infrastructure in Hedon underground and we told the town council this in 2022.  After further designs and the increased costs we all experienced with the economic uncertainties of the last two years, it was not financially viable to continue deploying our network in many areas using an underground method.  

Telegraph poles are a common sight around the UK. KCOM made the same decision to deploy much of Hedon using poles originally and previously stated that 70% of its fibre network is delivered by poles.  Openreach has 4.1 million poles around the country, and these are not restricted to rural areas.

In many instances, poles are welcome instead of new underground deployment because the installation of such poles is less disruptive with no need to dig up and resurface roads and pavements, no damage to tree roots and it is quicker to connect customers.

MS3 Networks

They fail to mention that they have since failed to recognise the expressed wishes of Hedon communities not to use telegraph poles, ignored every single elected Hedon community representative, ignored community outrage, and deployed poles anyway.

Meanwhile, the protests against MS3 Networks and Connexin continue. Yesterday, a protest was held outside the Beverley and Holderness office of Conservative MP Graham Stuart to enlist his support for Dame Diana Johnson MP’s private member’s bill to remove telegraph poles from permitted development. Perhaps unsurprisingly it is expected there will not be enough Parliamentary time to discuss a bill not supported by the government.

The Minister, Julia Lopez MP, is convening a “Roundtable” discussion for concerned MPs on Monday, March 25. Below, are some of the issues that need to be brought to that table.

What next for campaigners? What should MPs consider?

Whilst supporting the Government’s aims of boosting connectivity, particularly in those areas where connectivity is poor, we too share the concern that “bad actors” and “bad practice” are undermining that rollout.

MS3 Networks have played a very poor role in the Hedon area; it has been a telegraph poles scandal. They have used the Government legislation, not to boost connectivity in areas where broadband provision is poor, but rather to grow their own commercial interests. They have ignored legitimate elected community representatives, have failed to consult or engage with local communities, and have ignored community outrage in the form of protests. This “bad actor” must be named and shamed in Government circles.

The following should be part of the Government’s Roundtable discussion on Monday, March 25:

1. The Going Underground campaign issued a call via Graham Stuart MP for the Minister to issue urgent advice to local planning authorities on how to manage alternative network builders. This was deemed urgent because the Minister’s own advice note issued in April 2023 had been largely ignored or misunderstood. The need for this urgent advice remains. Councils, like the East Riding, need to fully understand the powers available to them to curtail the actions of network builders, especially “bad actors”. Ofcom needs to respond to complaints from councils and take action against “bad actors” much more quickly.
2. Network builders need to engage and consult with communities. They need to respect the decision when communities say no. There are examples of better practice around the country i.e. raised by Jim McMahon MP: “The law does not require prior approval, but we have managed to get an agreement with IX Wireless and Oldham Council that they will apply as if they were required to have it. They will make the application and give the notice, and the public consultation that would be natural and normal in a planning application will take place as part of that process. Even though it is not required, we see that process under way in Oldham. It is important that a consultation is genuine, and not just an admin process that does not deliver the outcome that local people want. It must be seen as a partnership.”
3. With infrastructure sharing now being a major emphasis, then the proliferation of telegraph poles needs to be curtailed. The building of alternative networks using telegraph poles should cease immediately in favour of shared networks. The idea of two, three or four alternative network builders deploying sets of poles down the same streets is an unintended consequence of permitted development and should end straight away. Where an overbuild has occurred, then discussion on removing poles and creating one shared network should take place.
4. Where the expressed legitimate wishes of a community have been ignored, and poles deployed anyway, they should be removed.

It has been a busy week for campaigners with lots of developments. So while MPs are meeting at a “Roundtable” to discuss these, then perhaps community campaigners across the country need to organise their own Roundtable events? Better still, perhaps Parliament and the Minister ought to facilitate a national Roundtable event of community campaigns to really understand the issues in local communities?