CLA39 - Telecommunications Wayleaves

Following the Communications Act 2003, the creation of "Ofcom", recent case law and with new guidance on BT self assessment this new handbook (together with its sister publication on Electricity Wayleaves) replaces the previous Cables and Wires handbook (June 2001) which should be removed from members’ libraries and marked “Superceded”.

The aim of the publication is to provide practical advice to those whose land may be affected by telecommunication cables, and to provide the statutory and common law background which informs such advice.

Different statutory frameworks apply to telecommunications from electricity. For details of the statutory framework and guidance on electricity matters, please refer to “Electricity Wayleaves”.

The businesses within the telecommunications field reviewed in this handbook are as follows:

  • telephone systems operated by BT and others,
  • fibre optic systems strung on electricity apparatus and
  • telecom cable companies.

Companies in the telecommunications sector are required by the Communications Code to come to agreement with the owners and occupiers affected by their equipment and, to this end, BT has agreed with the CLA and farming organisations to a set of standard payments that they will offer in order to seek to avoid conflict.

This handbook looks at the BT arrangements and contrasts those that apply with other operators. It sets out the current payment rates and other terms agreed and recommended to members, and provides advice on how to obtain payment.

Guidance is also provided on payments for other telecommunication cable rights, and on the most common questions raised by members in relation to communication cables.

The CLA does not accept any liability for loss or damage to the subscriber or any other third party through the use of this advisory handbook. In all cases members should seek the appropriate professional advice before acting.


To order this handbook:

telephone the CLA Publications Department on 020 7235 0511 – please have your membership and credit card numbers to hand;

or

write to the CLA Publications Department, 16 Belgrave Square, London, SW1X 8PQ enclosing cheque/postal orders made payable to CLA.

Price for members: £22 - Price for non-members: £29

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