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The Mobile Infrastructure Forum (MIF), which represents the primary mobile operators (EE, O2, Vodafone and Three UK) and related infrastructure providers (Cellnex UK, Cornerstone, MBNL etc.), has today called on the government to resolve the issue of 6,200 UK sites (masts etc.) that are “stuck in legislative limbo” and preventing 5G upgrades.
According to the MID, the aforementioned mobile sites – representing 16% of the UK’s total (40,000) and used by an estimated 15 million customers – remain under legacy legal frameworks governed by the Landlord and Tenant Act 1954 (LTA 1954) and equivalent legislation in Northern Ireland. But mobile firms complain that this makes it difficult to deploy the latest 4G and 5G (mobile broadband) upgrades to the sites.
The LTA 1954 can potentially create challenges because it provides security of tenure to tenants, including those holding access agreements for telecoms equipment. In short, landlords may be reluctant to grant access or agree to upgrades without legal intervention (even if the landlord wants to do it, the process can be tricky), potentially delaying or obstructing the rollout of new mobile technologies. Not to mention the added costs involved.
The Product Security and Telecommunications Infrastructure Act 2022 (PSTI) introduced measures to make broadband and mobile infrastructure sharing, as well as network upgrades and related dispute resolution, easier to deliver (see our summary). But those elements, which involve changes to the Electronic Communications Code (ECC) that govern related land/property access rights, are yet to be fully introduced (Ofcom have been implementing some of this separately).
The good news is that the Government did just publish a new consultation (here) on implementing some of the remaining elements of the PSTI and the forum are keen to push this forward. As part of today’s call, the MIF has highlighted how their members have successfully delivered over 32,500 4G and 5G service upgrades since the ECC reforms in 2018, with more than 4,600 leases having now been consensually agreed between infrastructure providers and landlords.
Further analysis reveals the effectiveness of the specialist Upper Tribunal (Lands Chamber) in handling telecommunications cases. Since the PSTI Act was passed, only 39 renewals have required a full court hearing to date since the PSTI Act was implemented in 2022, with over 60% of these cases being raised via a single land aggregator (we suspect this may be a reference to AP Wireless’ sometimes tricky approach).
Belinda Fawcett, Chair of MIF, said:
“While we welcome the government’s consultation as a positive step forward, the data we have released today clearly shows why full implementation is essential. The ECC reforms have been remarkably successful in facilitating the upgrading of the UK’s mobile networks. We now have a clear, efficient and well drafted legal framework.
It is fantastic that we’ve seen 4,600 consensual agreements being reached, but it’s now crucial that the government implements all outstanding elements of the PSTI Act.
Fully extending these successful reforms, including the change of jurisdiction, to all the remaining sites would unlock significant infrastructure investment and accelerate delivery of the connectivity that underpins the UK’s digital economy.”
The MIF have also today said they would commit to provide transparent metrics on the following every 6 months: Lease renewals achieved, the number of service upgrades achieved and, volume of sites still trapped under legacy legislation. All of which represents useful information.
As ever, the key challenge in making all of these changes is with doing them without significantly undermining or reducing the rights of existing or potential site providers (land/property owners etc.) – easier said than done. But part of this may also reflect the mobile operator’s desire to bring down rental payments, which remains are highly contentious area, albeit one that is a lot clearer today, following various tribunal rulings.