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Product Security and Telecommunications Infrastructure Bill - Sitting 4
17 March 2022
Type
Public Bill Committee
At a Glance
Issue Summary
Chris Elmore discusses the impact of the electronic communications code on small tenant farmers, sports clubs, and community organizations whose rents for hosting masts have drastically reduced beyond the Government's promised limit. Chris Elmore addresses the Product Security and Telecommunications Infrastructure Bill and discusses concerns over rent reductions for landowners. Chris Elmore addresses the impact of the Product Security and Telecommunications Infrastructure Bill on local organisations, particularly farmers and community groups. Chris Elmore supports clause 66 of the Product Security and Telecommunications Infrastructure Bill, which aims to address unresponsive landowners who do not respond to requests for access to install telecommunications apparatus. The statement discusses amendments and clauses in the Product Security and Telecommunications Infrastructure Bill related to interim orders for dispute resolution and alternative dispute resolution (ADR) requirements. Chris Elmore raises concerns about dispute resolution related to telecommunications network deployment and expansion. The statement discusses the Product Security and Telecommunications Infrastructure Bill, focusing on clauses that enable the Secretary of State to make changes to regulations regarding access to infrastructure for deploying high-speed networks.
Action Requested
Elmore proposes amendment 8 to ensure that rent reductions do not exceed 40%, aiming to balance operators' rights with site providers' financial stability while accelerating telecommunications infrastructure roll-out.
Key Facts
- The electronic communications code was introduced in 2017.
- Many organizations have seen rent reductions of over 90% compared to the promised limit of no more than 40%.
- James, a sheep farmer, saw his rent reduced from £2,900 to £200, a decrease of 93%.
- Cellnex UK's average reduction in contract rents is 63%.
- Chris Elmore refers back to his opening remarks regarding the origin of the 40% figure.
- The 40% reduction relates to Government analysis from the time of the 2017 reforms.
- Elmore acknowledges that Julia Lopez was not the Minister during these reforms but points out her party's responsibility.
- The NFU reported recent cases where farmers received rent reductions up to 90%.
- A specific case in a constituency involved a significant reduction from £3,500 to £17.50 per year.
- Community groups have experienced income losses of 60%, 70%, 80%, or 90%.
- Clause 66 creates a process for telecoms operators to seek court-imposed agreements when unresponsive landowners fail to respond to access requests.
- The clause imposes a six-year maximum time limit on the period for which rights conferred under a part 4ZA order may last.
- Amendments 2 and 3 clarify that the right to require removal of apparatus applies in relation to apparatus placed under or over land.
- Clause 67 allows either party to request an interim order for dispute resolution.
- Clause 68 introduces new ADR requirements for operators and courts to encourage collaborative discussions.
- New subsection (ca) in paragraph 103 of the electronic communications code requires Ofcom to prepare guidance on handling complaints related to operator conduct.
- The Secretary of State will review dispute resolution at a later date.
- Organizations such as the NFU and Protect and Connect have called for compulsory dispute resolution elements.
- Elmore is concerned about delays and unresolved decisions affecting landowners and club groups.
- Clause 71 grants the Secretary of State the power to make changes to regulations for infrastructure access.
- The power can amend or replace existing regulations via secondary legislation.
- Clauses 72, 74-78 address consequential amendments and transitional provisions.
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