Original article ISPreview UK:
The ISPA and INCA have today published new ‘Best Practice Guidance’ for gigabit broadband operators that are building new poles as part of their UK network expansions. The guidance aims to support the Government’s goal of “ending the deployment of unnecessary telegraph poles” (here), not least by requiring providers to engage more closely with communities before they build.
The United Kingdom has long been home to millions of poles (wood and metal), which are often used for electricity distribution and street lighting, as well as telecoms and smart sensors etc. Suffice to say that poles, which are a common sight across this and many other countries, form a key part of how gigabit broadband operators are deploying new full fibre (FTTP) cables (if you live in an area with poles, then they’re as normal as traffic lights).
Broadband operators typically like poles because they’re very quick and cost-effective to build (several times cheaper than trenching), 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.
On the flip side, many people dislike poles and some areas have suffered from disruptive protests. The latter is most likely to occur in areas that haven’t previously had poles before (i.e. the past infrastructure was underground) or where several gigabit broadband networks may already exist.
Related complaints typically highlight the negative visual appearance of poles, as well as concerns about their exposure to damage from storms, the lack of effective prior consultation (often there isn’t much, except an easily missed notice on the street), any additional obstructions for pedestrians when poorly placed (e.g. wheelchairs, prams), the duplication of existing infrastructure or engineers that fail to follow safety rules while building 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 pledged to “revise” the existing Code of Practice (linked above).
What’s in the Best Practice Guidance
Today, the Internet Service Providers’ Association (ISPA UK), together with the Independent Networks Cooperative Association (INCA), has published best practice recommendations for the siting of telecommunications poles in the UK. This guidance outlines the obligations and commitments of providers to engage with communities when conducting nationwide rollout of gigabit broadband infrastructure, a key target for the UK government (they’re aiming to reach nationwide coverage by 2030 or c.99% of premises – here).
The guidance was developed by the Telecommunications Poles Working Group (TPWG), an initiative established by the ISPA UK and INCA at the request of the Government’s Department for Science, Innovation and Technology (DSIT). The group was tasked with reviewing the existing Code of Practice, sharing best practice across the industry, and engaging with key stakeholders. The result is a series of recommendations designed to drive the effective and community-conscious deployment of fibre networks.
The new guidance outlines “mandatory obligations and best practice recommendations“, including notification requirements, height restrictions and regulations for natural and protected areas, making these easier to understand for local communities and individuals. The document also highlights the availability of new and existing sharing opportunities which can help to minimise disruption for communities and the environment, and aims to improve communication with members of the public and other stakeholders.
Till Sommer, Head of Policy at ISPA UK and Co-Chair of TPWG, said:
“We couldn’t have achieved this without the willingness from providers to collaborate, and without the robust but constructive feedback from Broadband Minister Sir Chris Bryant and his team. The new guidance document will enhance community engagement, foster collaboration and ensure that everyone reaps the rewards of full fibre.”
Paddy Paddison, CEO at INCA, said:
“The fibre rollout that is happening today is laying the foundation for economic growth and digital inclusion nationally by providing the backbone for the UK’s digital economy, society and public sector. Delivering this once in a generation project would not be possible without the use of telecommunications poles but it is essential that broadband providers follow the Community Commitment set out and consider the needs of the communities in which we are building these networks.”
Much as we previously leaked (here), the new guidance doesn’t appear to deliver any truly huge changes, but it does focus on ensuring that network operators communicate better with communities (identifying areas where this is needed) and introduces clearer rules on where not to site poles, as well as guidance on what to do with pole complaints and where re-siting is appropriate.
On top of that, the guidance will include an industry commitment to consider pole impact during the planning and installation stages, as well as a commitment to consider utilising existing poles (sharing more infrastructure). On the issue of sharing infrastructure, INCA’s Infrastructure Sharing Group (ISG) is separately due to produce a new sharing framework for alternative networks, which complements this guidance.
Naturally, operators have had a bit of a difficult balancing act to perform, which needs to respect the government’s wishes (inc. local communities), while at the same time trying not to damage the wider roll-out and their already strained cost models (network operators are already under serious financial pressures). The hope is that the new guidance strikes the right balance, but only time will tell how much impact it actually has.
NOTE: The new guidance is supported by
Brsk,
CityFibre,
CommunityFibre, Freedom Fibre, FullFibre,
Gigaclear, IX Wireless,
MS3,
Netomnia,
nexfibre,
Ogi, Openreach,
Toob,
Virgin Media (
O2),
Wessex Internet and
Zzoomm.
Summary of the Poles Best Practice Guidance
The Community Commitment
The needs of the communities in which fibre networks are being built should always be carefully considered during the design, construction and operational stages of installation of new fibre networks.
Mandatory Obligations for Providers
Providers must adhere to the following rules:
1. Notification of the planning authority: Providers must give 28 days notice, in writing, to the planning authority, including the proposed locations.
2. Minimise the number of poles: Providers shall install the minimum practicable number of poles, consistent with the intended provision of the network, and allowing for an estimate of growth in demand.
3. Height Restriction: Providers must seek full planning permission for any poles exceeding 15 meters.
4. Conservation areas: Providers must provide a written notice to the planning authority if they intend to use poles in a conservation area.
5. Listed Building & Ancient Monuments: Before placing a pole near a listed building or ancient monument, providers must provide a written notice to the planning authority.
6. National Parks & Protected Areas: Before placing a pole in a national park or protected area, providers must provide a written notice to the planning authority and relevant additional bodies.
7. Street works “Red Book” Obligations: Operators must comply with all the mandatory obligations listed in the Red Book, e.g. wearing of high visibility jackets, risk assessments, taking into account the needs of children, older people and disabled people, having particular regard for visually impaired people; and providing safe routes.
Best Practice Recommendations
Providers should adhere to the following unless there are circumstances that do not make this reasonably practicable:
1. Providers should consider using existing opportunities for sharing infrastructure.
a. Providers should explore existing sharing opportunities and frameworks that are available to them, including the Openreach PIA product, re-use of existing local authority-owned, water, gas or electricity infrastructure, as well as the INCA sharing framework.
2. Providers must pay due regard to community interest and consider the visual impact of fibre rollout.
a. Providers should seek to minimise the impact on the visual amenity of properties and balance the impact on individual households with the interests of the community, including demand and take-up of broadband services.
b. Prominent locations on grass verges or grassed amenity areas should be avoided unless there is a technical justification or there is demand from the community.
c. Poles should be placed on vertical boundaries between properties where possible.
d. Poles should only be as tall as necessary to comply with safety, structural and technical requirements.
e. Poles should not be placed where they impact traffic sign sightlines.
f. Poles should not be placed in close proximity to Scheduled Monuments.
3. Providers must aim to minimise the disruption to footways and carriageways.
a. Providers should minimise any obstruction to the flow of pedestrian or other traffic including designated cycleways both during and after construction.
b. Particular attention should be given to the needs of wheelchair users, residents with mobility issues and people using pushchairs.
4. Providers must seek to raise awareness and enhance communication between themselves and the public.
a. During the design and statutory noticing periods, providers should make an assessment of whether a particular rollout area requires enhanced community engagement measures that go beyond the statutory requirements, taking into account existing infrastructure and any feedback received.
b. Enhanced community engagement measures could include, but are not limited to: Engagement and discussions regarding rollout plans with relevant local and planning authorities, notifying relevant elected officials, direct mail or community meetings.
5. Providers must evaluate objections or requests for relocating newly installed poles requests for the relocation of newly installed poles.
a. In circumstances where a newly installed pole is materially adversely impacting a resident, Providers should consider each request to re-site a newly installed pole.
This includes, but is not limited to the following reasons:
i. the location of a pole impacts upon a person with a disability;
ii. the location of a pole impacts upon access to a residentʼs current driveway or a resident has planning approved for a dropped kerb with the local council and can provide evidence;
iii. the location of a pole impacts on active property development or the resident has planning approved can provide evidence;
iv. A pole is planned or installed on private land without a wayleave.
b. In each case, evidence should be provided by the complainant as to the nature of the objection and the direct impact.
6. Providers must provide an accessible complaints handling procedure.
a. As a matter of good practice, providers should have a complaints procedure to handle complaints from members of the public and other stakeholders that refer to pole deployment. The complaints procedure should ensure that the provider:
i. Investigates each complaint on its own merit;
ii. Deals with complaints in a professional and timely manner;
iii. Provides for the complaints to be escalated to a higher level within the providers organisation;
iv. Acts transparently with a formal written response to the complainant detailing the reasons for accepting or rejecting the complaint;
v. Keeps records of the numbers of formal complaints, location and time to action.
b. Providers should provide relevant contact details at easy to identifiable places – at a minimum on signage posted in prominent locations near the planned pole location.
7. Providers should notify significant planning changes.
a. Taking into account available guidance from the planning authority, providers should make notifications if there are significant changes to the location of a pole, e.g. by providing site notices or contacting the authority.
Complaints escalation
If the code of practice or associated laws have not been followed, escalations can be made by multiple routes:
Members of the Public
1. The first complaint should be made to the provider, unless the complaint is about mandatory obligations where the relevant local planning department can be the first point of call.
2. If the complaint has been handled unsatisfactorily in the view of the complainant then in the event of a permit breach by the Provider, this should be escalated to the relevant Local Authorityʼs Streetworks department and/or planning team.
3. If this is not handled satisfactorily then a Notice of Objection to Electronic Communications Apparatus kept on or over land should be submitted to the relevant court.
Local Authorities & Elected Officials
1. Should complain initially to the Provider directly.
2. If the complaint has been handled unsatisfactorily in the view of the complainant, then the Local Authorities should, in the event of a specific breach of Code Powers, escalate to Ofcom or via the relevant court (if applicable).
