Electronic Communications Code

Julian Sturdy Excerpts

Tuesday 8th December 2015 Westminster Hall

[Andrew Percy]

My hon. Friend makes a valid and important point. I completely agree: the arguments that apply to access to superfast broadband also apply to mobile phone coverage. The two are now indistinguishable. People do the same things on their mobile networks as they do over broadband. They use both for the same thing, whether that is work or keeping in contact with friends and family. Of course, many people now do not have a landline; they simply rely on their mobile.

With your permission, Mr Davies, I want to leave a couple of minutes for my hon. Friend the Member for Beverley and Holderness to comment. I have some questions about the electronic communications code, on which the Government consulted earlier in the year. The networks have expressed concerns that the code has not been meaningfully updated since it was introduced in 1984, and the Law Commission called it “complex and confusing”. According to the mobile providers, reforming the code is the single most important step that the Government can take to reduce the costs of network extension and improve mobile coverage. Before this debate, the operators told me that they can build a new site and put in new kit in about three months, but, because of the complexities of the code, it takes a year to 18 months to complete that work.

I hope that there will be a response to the consultation, but I have a couple of questions for the Minister now. On fair site payments, we need to end the practice of landowners being able to demand ransom rents because the lack of alternative sites locally means a lack of competition. That is a particular problem for rural roll-out.

[Julian Sturdy (York Outer) (Con)]

Is it not correct that rents on rural phone masts are much lower than those on urban phone masts?

[Andrew Percy]

I suspect that the situation changes from site to site. The problem with many of the rural masts is getting access at particular times of the year, perhaps because the harvest is on. With landowners in rural areas, it can be more complicated and difficult to get access. The average punter expects an outage in the network to be fixed within four hours. At the moment, it takes about 48 hours, and sometimes a lot longer, for the companies to negotiate access.

We want the fair site payment, and we want the sharing and upgrading of sites to be reflected in the new code. Under the current code, mobile operators have to renegotiate rental terms when they wish to make a change, such as to deploy new technology or reduce the number of masts. That is patently ridiculous.

We need quicker access to sites. It is nonsense that it takes 48 hours to gain access. There is a problem with the EE signal in Burton-upon-Stather at the moment, and the landowner has held up access for weeks. It is partly due to the harvest, so there may be legitimate reasons, but it is clearly not good enough that the companies are unable to access the sites when there is an outage. In fairness to the operators, it means that they cannot deliver the service they wish to deliver.

We want better dispute resolution in the new code. There is a disconnect between the main networks and the independent mast operators on the issue of whether they should be covered by the code. I do not plan to get involved in that dispute; it is one for the Minister. [Interruption.] He is nodding away—I can see that he already has the solution.

This is an important issue for my constituents. There have been improvements, but we want the roll-out and the improvements that the networks have promised to happen much more quickly. With your permission, Mr Davies, I will hand over to my colleague.