Telecoms Minister Updates on Effort to Limit UK Broadband Poles via Infrastructure Sharing UPDATE

The UK Government’s Minister for Telecoms, Sir Chris Bryant, yesterday held a round table meeting with a small selection of network operators in an effort to try and drive home the need for greater “infrastructure sharing” in order to “end the deployment of unnecessary telegraph poles” when rolling out new gigabit-capable broadband ISP networks.

Just to recap. The UK has long been home to several million poles (i.e. they’re a common sight in many areas), which are often around 9 metres high and used for delivering everything from telecoms (broadband, phone etc.) to electricity cables (most are wood, but some are metal).

Network operators like these because they’re quick and cost-effective to build, can be deployed in areas where there may be no space or access to safely put new underground cables, are less disruptive (avoiding the noise, access restrictions and damage to pavements of street works) and can be built under Permitted Development (PD) rights with only minimal prior notice.

Suffice to say that the use of poles has been continuing to expand as part of both the commercial and publicly funded roll-out of gigabit-capable broadband networks. The previous government even facilitated this by cutting red tape to help make such deployments as easy as possible.

However, over the last few years there’s been a notable rise in complaints about new poles, particularly from parts of East Yorkshire and Greater Manchester that have only ever known underground cables. Such gripes typically highlight their negative visual appearance, poor positioning, concerns about exposure to damage from major storms, the lack of effective prior consultation, the duplication of existing infrastructure or engineers that fail to follow safety rules etc.

The new Labour-led government, much like the old Conservative-led one, recently responded to this by calling on broadband operators to “end the deployment of unnecessary telegraph poles” (here), to “share existing infrastructure when installing broadband cables as the default approach” and reiterating a pledged to “revise” the existing Code of Practice (as linked above). The latter will most likely result in greater pre-build consultation with communities.

Sir Chris Bryant also warned that he would “not shy away from changing the law, should companies fail to listen to communities” (i.e. a reference to the possibility of hardening or removing PD rights on poles). Last month the minister said that he planned to meet representatives from Openreach (BT), Virgin Media (O2) and smaller networks (e.g. KCOM, CityFibre, MS3, Brsk and IX Wireless) on 12th September 2024 to discuss how they can better “put residents’ concerns at the forefront of their plans” via a revised Code of Practice.

The meeting took place yesterday and we’ve since been sent a brief summary of the key bullet points, which I’ve opted to paste below as they don’t say anything that we haven’t already heard before.

DSIT (Gov) Summary of Key Meeting Points

• Meeting with 15 telecommunication operators this afternoon, Minister Bryant voiced the concerns of Britons that have telegraph poles lodged outside their home, often without being told beforehand.
• The Minister shared that many poles are installed in a way that is “not considerate to anyone’s way of life”.
• He shared that these poles are often placed very close together and carry remarkably similar equipment, that companies could share if they worked better together.
• Speaking at the meeting, Ofcom also raised concerns that too many residents are surprised to see poles installed outside their homes, with many not being informed beforehand.
• Telecommunications operators committed to finding ways to collaborate and share infrastructure including poles more effectively, as well as looking at ways to consult residents more consistently and effectively.
• Chris Bryant called for “urgency” in delivering on these issues.

At this point it’s worth reiterating that most network operators already do everything possible to share existing poles and ducts (e.g. Openreach’s network is widely re-used by rivals), since that’s a lot more cost-efficient than building new stuff. But this isn’t available to every location and sometimes local restrictions, as well as any limitations (commercial or practical) imposed by existing operators, mean that it’s not always possible (i.e. sometimes no viable underground alternatives exist to poles).

The existing Access to Infrastructure (ATI) Regulations 2016, which applies to all operators, already includes provisions on the exchange of information about existing infrastructure, and the right to access that infrastructure on fair and reasonable commercial terms etc. But this doesn’t matter much if a commercially viable deal cannot be reached. The recent efforts between Connexin and KCOM in Hull suggest that, with enough of a push, solutions can sometimes still be found (here).

The previous government attempted to correct the ATI regulations, but some smaller and more vulnerable alternative networks (altnets) said they were concerned about the risk of “unintended consequences” if changes to those rules ended up undermining their investment case for new networks (here). Such operators also expressed “limited interest in using non-Openreach or non-telecoms infrastructure” (i.e. it’s hard to beat Openreach’s regulated product).

We should highlight that some alternative networks (altnets), working via the Independent Networks Co-operative Association (INCA), have already setup an Infrastructure Sharing Group (ISG) to ensure that the rollout of full fibre (FTTP) is “not held back by inconsistencies in the availability of Openreach physical infrastructure“ (here). But the practice of herding cats in order to work out the often complex practical and commercial details of greater infrastructure sharing is neither a quick nor easy process.

UPDATE 14th Sept 2024

Sir Chris Bryant also gave a related speech at the Connected Britain event yesterday, which touched on this and some other things that readers might find interesting. For example, he confirmed support for flexi-permits, plans to conduct a Mobile Market Review and has committed the government to resolve the problem of operators being able to gain access to upgrade fibre in MDUs (large residential buildings), which may be easier said than done.

Sir Chris Bryant said:

“We want to support commercial investment, so we are ensuring we have the right policy and regulatory framework for the fixed and mobile (wireless) networks; we are undertaking a Mobile Market Review to understand the technological and structural changes taking place in the sector; and we are looking at how we can further reform planning regulations to remove barriers to infrastructure deployment.

In order to remove barriers to rollout, we will implement the remaining telecoms provisions of the Product Security and Telecommunications Infrastructure Act 2022 as soon as possible; we will support the deployment of full-fibre to multi-dwelling units, such as blocks of flats and social housing, whilst remaining mindful of the need to maintain wholesale competition.

And we will put additional momentum into flexible permitting for street works and supporting their implementation as early as possible. That said, I do want to ensure far greater cooperation between operators to prevent unnecessary telegraph pole deployment or street excavation. I understand the economic realities, but the market was made for humanity, not humanity for the market. Today I met with representatives of the fixed-line industry, and I welcome the industry’s initiative to revise the Cabinet Siting and Pole Siting Code of Practice. I am hopeful that industry can deliver changes leading to better engagement and more considerate siting. But we reserve the right to take further action if this doesn’t deliver the goods for consumers.”