Government proposal would give five year window for above-ground telecoms infrastructure

The Department for Culture, Media and Sport has opened a consultation (20-page / 214KB PDF) on plans to temporarily remove a current requirement set out in the Electronic Communications Code (Conditions & Restrictions) Regulations, which forces any new telecoms lines to be installed "underground" in most cases. The restrictions, though, would still apply in sites of special scientific interest (SSSIs).

In addition, DCMS has proposed to temporarily remove some planning restrictions relating to the installation of fixed broadband cabinets for five years. Under the plans, telecoms firms would no longer need the prior approval of local planning authorities to install the cabinets but would still need to consult those authorities and "take notice of their objections if reasonable and proportionate". Prior approval would still be needed to install cabinets if the area in which they wish to do so is an SSSI.

In cases for either the installation of overhead lines or cabinets, telecoms firms would still be required to consult local planning authorities on plans to install "electronic communications apparatus" and "so far as reasonably practicable, minimise ... the impact on the visual amenity of properties, in particular buildings on the statutory list of buildings".

Real estate law specialist Suzanne Gill of Pinsent Masons, the law firm behind Out-Law.com, said the changes were to be welcomed. She said telecoms firms have experienced "frustration and confusion with the prior approval regime" and so the loosening of restrictions are therefore "likely to benefit the industry and hence the economy".

"Five years is long enough for a short term boost but short enough for clients to plan and implement the capital spend that will be required," Gill added.

DCMS said the measure would help the Government achieve its "broadband targets".

"Changing existing requirements for the deployment of overhead lines will give communications providers a great deal more flexibility and certainty when deploying superfast broadband networks," it said. "It will also allow superfast broadband to be deployed more extensively than would otherwise have been possible because of the cost savings involved."

"It is solely the requirement for prior approval that we are seeking to change in order to speed up the deployment of broadband cabinets and reduce the scope delay," DCMS added. "Communications providers have reported that current arrangements have led in some cases to delays in deployment of up to two years, and in some cases deployment has been abandoned on projects, leaving many households without the connectivity that they need.

"We want to ensure that planning related barriers to deployment are minimised at a time when upgraded broadband infrastructure is being rolled out to the more rural or remote areas where connectivity is needed the most," it said.

The Government has previously said that it wants the UK to have the most extensive 'superfast' broadband network in Europe by 2015, with access for 90% of the country. In addition, it wants the remaining 10% to be able to access the internet at speeds of two megabits per second (Mbps) or above. 'Superfast' broadband is generally defined as delivering speeds of at least 24Mb per second, although the Government hopes to introduce 'ultrafast' speeds of between 80 and 100 Mbps in major cities. The average speed for a UK residential broadband internet connection reached 9Mbps in May, according to the latest figures from regulator Ofcom.

DCMS said that a new industry code of 'best siting' practice is being developed that would set guidelines which telecoms companies would have to adhere to when seeking to install overhead lines or cabinets.

"We are mindful that the siting of poles and cabinets is a sensitive matter for many and have therefore agreed with communications providers that they should develop and commit to a code of best siting practice," DCMS said. "The code will contain an agreed set of overall principles on sensitive siting that communications providers must adhere to as well as more detailed guidance on particular dos and don’ts when installing broadband infrastructure, together with requirements for consultation with local communities about new overhead line deployment."

The DCMS consultation is open until 13 March.