Telegraph Poles: Birmingham

Debate between Preet Kaur Gill and Tahir Ali

Tuesday 10th December 2024 Westminster Hall

[Preet Kaur Gill]

I thank the hon. Member for that important point about the business model. There are alternative ways to implement the infrastructure. In areas like his, this activity does not respect the environment, heritage or planning laws, and we end up with poles erected. Some of them do not even have any lines going through them, which just goes to show that the existing infrastructure meant there was no need for that, but, as he says, it is clearly quite a lucrative business model to sell on the new infrastructure.

[Tahir Ali (Birmingham Hall Green and Moseley) (Lab)]

I thank my hon. Friend and constituency neighbour for giving way. We had similar issues with Brsk when it went on to an unadopted road in a conservation area and started erecting poles. My constituents, Dr Carole McKeown —the secretary for Reddings and Amesbury Road residents association—and her neighbour came to see me. Following the intervention of the Minister, Brsk has agreed to remove the poles, but the point remains that the consultation with and notification of the residents did not happen. These are not isolated incidents. Does my hon. Friend agree that there needs to be tougher action against companies that go about their business without any adherence to the code of conduct?

[Preet Kaur Gill]

I know that the Minister, in summing up, will address that point, because he has been proactive in meeting the regulator and the companies tasked with installing this infrastructure. He has already given them a clear indication of where the Government will go next if they do not adhere to the code. I also know that he has met Brsk since the previous debate on the issue; I thank him for that.

I was interested to read confirmation that Brsk now has guaranteed access to BT Openreach infrastructure to install broadband lines underground, so why is it not doing so? It is not its business model—that is why it is not doing it. I would be interested to learn from the Minister when that was agreed, because Brsk has not been taking advantage of that in my constituency to date.

Some providers are much better at this. I want to ensure that not everybody is painted with the same brush. There are some very good providers. Last year, broadband infrastructure carried out by Pipeline Utilities on behalf of Grain Connect left Willow Avenue in my constituency with some dreadful retarmacking, as well as broken and cracked paving slabs. When I wrote to the organisation about this, it confirmed that the site was inspected, and agreed to replace and relay the broken paving slabs and tarmac. That is exactly how we should be proceeding.

My experience with Brsk has been very different. Repeatedly, it will arrive in an area to erect new broadband infrastructure poles without properly consulting residents or me. We have seen that behaviour on Vernon Road, Clarendon Road, Chad Road and Stirling Road. The company’s idea of consultation appears to be to put up a notice stating its intention to put up another pole—in some cases, with little to no consultation period. Sometimes, I am told, a notice has not gone up at all, despite my best efforts and those of my constituents to raise concerns about the siting of the poles. We have been ignored. This means that the infrastructure ends up causing issues that could have been foreseen or avoided if there were proper consultation.

Poles have been erected in the middle of pavements, obstructing prams, wheelchairs and people with mobility issues. There have been attempts to erect unsightly poles in front of listed buildings, instead of exploring other options. Some roads are being peppered with poles, even when we are told they are a last resort. It is time for stronger action. Clearly, Brsk is not heeding Government advice.

As we all know, since the rules were changed by the previous Government in 2016, there is no requirement for planning permission for poles up to 15 metres in height, and there is no legal requirement for consultation with local residents and businesses. Good practice asks telecoms communications operators to notify the council of their intention to install a pole, as well as to advertise their development proposal within the vicinity of the site, usually via a site notice, but in reality there is no real opportunity to object to an installation. There needs to be a strategy that targets areas of need and uses existing infrastructure.

We are all familiar with the fact that the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 require that, among other things, operators must share apparatus where possible, and use underground rather than overground lines where they can—yet that is not happening in practice. I know roads where as many as five or six poles have been erected. It is ugly, disruptive and excessive, and it impacts on house prices.

As these issues are a matter for the regulator, Ofcom, I seek the Minister’s clarification on what monitoring of these requirements is being carried out to ensure that network providers collaborate and share network infrastructure, and what action Ofcom has been taking against providers who have been found to not comply. When I wrote to Ofcom, it said its role is

“limited to enforcement of the Regulations”

and that, under those,

“operators have significant flexibility…to put up their own poles.”

I know that the Minister has been looking at a revision of the code of practice. We would be grateful if he could say more on that. I also welcome that he has stated that he reserves the right to change the law in this area.

It strikes me that stronger adherence to the regulations on sharing infrastructure is one of those rare examples where stronger regulation will actually save companies and consumers money. Surely it is cheaper for companies to co-ordinate with one another over the sharing of infrastructure than to erect new poles every time they need a new node for their network. It is baffling and frustrating that providers such as Brsk have not been more proactive in anticipating the concerns of the public before Ofcom has had to get involved. Fundamentally, my constituents of Birmingham Edgbaston are asking for respect: respect to influence decisions, and to ensure that broadband infrastructure is implemented in a way that respects their local environment, heritage and public interest.

I would be grateful if the Minister could provide an update on work to amend and strengthen the code of practice, so that operators respond to and engage in good faith with residents. I would also be keen to hear the outcome of his recent engagement with Brsk, having shared with him my experience of dealing with it, and to understand what more we can do to ensure that providers work together to share infrastructure, and that the requirements under the 2003 regulations are adhered to and enforced. I thank the Minister for his attention and look forward to working with him.