Building broadband and mobile infrastructure

Ensuring the wide availability of next generation broadband and mobile connectivity has been a priority for successive governments. Most of the new and upgraded infrastructure needed to meet these targets will be deployed through private investment. Enabling the fast and cost-effective roll-out of telecoms infrastructure by industry is therefore an important policy objective for the government.

This paper explains the rules and permissions needed to build broadband and mobile infrastructure and discusses reforms intended to make building this infrastructure easier.

Who decides where to build mobile and broadband infrastructure?

Broadband and mobile telecommunications networks in the UK are rolled out by private companies, commonly referred to as ‘operators’.

Telecoms operators take decisions about where and when to roll-out infrastructure based primarily on commercial considerations. Publicly funded schemes support deployments in areas that would otherwise not be commercially viable. Information on these schemes can be found in the Library briefings, Gigabit broadband in the UK and Rural mobile coverage in the UK.

What permissions are required to build telecoms infrastructure?

The same general rules for installing telecoms equipment apply to both broadband infrastructure (such as cables and cabinets) and mobile infrastructure (such as masts and antennae).

To install infrastructure, telecoms operators may require:

• planning permission
• the landowner’s permission
• permission to conduct street works.

Telecommunications is a reserved matter, meaning that overall policies and targets are set by the UK Government. Some aspects of infrastructure building, such as planning and building regulations, are devolved responsibilities and vary slightly in each nation. Others, such as the rules on access agreements, apply UK-wide.

Planning rules

Telecoms operators have certain permitted development rights. This means they can build or alter specified communications infrastructure without having to apply for planning permission from the local planning authority. A full application for planning permission is required for any telecoms infrastructure that is not covered by permitted development rights.

Some infrastructure that is covered by permitted development must go through a slimmed-down planning process called ‘prior approval’. This includes mobile phone masts. The prior approval process gives local authorities time to assess whether the proposed infrastructure meets certain criteria set out in permitted development legislation. For some other forms of infrastructure, such as telegraph poles, operators are not required to apply for prior approval either.

Further detail can be found in the Library’s briefings, Planning rules for 5G masts in England and Broadband companies and telegraph poles .

Access to land

The Electronic Communications Code (ECC) grants telecoms operators rights to use land for the purpose of building and maintaining a communications network. To exercise these rights on land other than public highways they need permission from the relevant landowner/occupier. Wayleaves and leases are the most common forms of access agreement for telecoms infrastructure. They are private legal agreements between the two parties.

Access agreements are usually entered into consensually between the parties. However, if an agreement cannot be reached consensually, the ECC allows telecoms operator to apply to the courts to have an agreement imposed.

Reforms to the Electronic Communications Code

Reforms to the ECC have always been highly contested as it involves balancing digital connectivity and property rights. Both the mobile industry and property owner organisations have campaigned on the issue.

One significant reform implemented in 2017 was to change the way that rent for hosting telecoms equipment on private land is calculated when the court is imposing an agreement. Rent is now calculated based on the value of the land to the landowner, rather than the value to the operator (called ‘no-scheme valuation’).

Other changes to the ECC since 2017 have included reforms intended to make it easier for telecoms companies to upgrade infrastructure (for example adding new 5G equipment to an existing mast) and to share physical infrastructure with other operators, both without needing a new agreement with the landowner.

The Library briefing on the Product Security and Telecommunications Infrastructure Act covers the reforms in detail.

Street works

The ECC gives telecoms operators a general right to conduct street works. They need to apply for a permit to carry out works, which helps local authorities reduce disruption by coordinating street works being carried out by different organisations.

The telecoms industry has called on the government to introduce ‘flexi permits’ which would allow them to carry out works in a specified area for a specified period. Currently they must apply for one permit per street. While the government has consulted on this proposal, local authorities have expressed concern about loss of control over street works in their area. A recent trial of flexi permits did not produce a definitive recommendation.

Accessing existing infrastructure

Instead of laying a new underground duct or building a new telegraph pole, it can be possible for operators to use existing ducts and poles. Infrastructure sharing reduces the time and cost of network deployment, as well as the impact on the local community. Using existing infrastructure requires the agreement of its owner (often a competitor telecoms operator).

Two broadband operators have a legal obligation to share their physical infrastructure with competitors because they are former monopolists: Openreach (in the UK apart from Hull) and KCOM (in Hull).

Other operators do not have an equivalent sharing obligation. The Access to Infrastructure Regulations require infrastructure owners (including utilities) to consider access requests, which can only be rejected on objective and transparent grounds. However, the process is more time-consuming than Openreach’s.