It has recently been brought to the Parish Council’s attention that ISP’s (Internet Service Providers) are looking to install more overhead cabling within the village – in some cases without seeking permission of landowners.
A Parishioner expressed concern that there is little information available pertaining to homeowners rights when it comes to companies running cables over their properties. Concern was also raised for the visual impact of overhead cables as there seems to be no control over the amount of overhead cabling allowed in an AONB/Conservation Area.
Parish Councillors found after some light research that there is legislation relating to this very topic – Communications Act 2003 – https://www.legislation.gov.uk/ukpga/2003/21/schedule/3A
Part 1, Section 3 (a) denotes installing apparatus over land. Part 2, Section 9 dictates that the operator and the occupier of the land need an agreement.
BPC decided to seek legal advice, the legal response is shown below:
“The general position is that the person who owns the soil also owns the air above. However there there has been much debate about this, there are statutory provisions which allow certain statutory undertakers access to install and maintain equipment.
Ofcom grants rights for communications network providers to access private or public land to install and maintain essential equipment (for example, cables or masts) in, over or under that land under the Electronic Communications Code. The Code is set out in Schedule 3A of the Communications Act 2003.
Examples of those caught by the Act are:
Fixed-line owners and operators (such as British Telecommunications (BT) and Virgin Media).
Companies who use BT’s network for their own “indirect access” voice or internet services (using access codes or carrier pre-selection) and wholesale line rental voice and internet services.
Internet service providers (ISPs), regardless of the technology they use. They may provide broadband access via:
their own fixed-line network (BT);
BT’s network using ADSL technology (AOL);
3G, 4G or 5G mobile;
cable (Virgin Media); or
satellite (Sky).There may also be specific rights reserved over each individual property noted on the individual property title.”
Our legal advisors have said they will investigate further as to the rights of homeowners in these circumstances.