Gigaclear terms include permanent Wayleave

Browntoa

BT has the absolute right to put equipment on your land even if you refuse

They would try to agree a wayleave but if not they can install

Part of their licence and assume it's in their terms somewhere

blue-bottle

The normal procedure would be for the company to attempt to negotiate Wayleave conditions (including payments) for infrastructure equipment to supply third parties to be installed on the property. If agreement could not be reached, then the company could apply through the courts.
This has nothing whatsoever to do with providing a broadband service to the customer.
Gigaclear are forcing customers to accept a blanket Wayleave (with undefined scope) before they can receive the broadband service.

iniltous

Compulsory wayleaves are pretty rare and absolutely the last resort, but if Openreach have a universal service obligation to supply service to anyone who reasonably requests it, and a third party who's permission may be needed to satisfy the USO, refuses to allow access to their land/building etc, it sort of puts OR in a difficult position , hence the last resort option of a compulsory wayleave applied for via the 'courts' and as others have said, not in any way comparable to the OP's situation, as the provider they mention has no USO at all

GTSS9486

OP,
You're making a mountain out of a molehill. All Gigaclear are asking is that they be allowed to install and maintain their equipment on your private land....which is basically a fibre optic cable running u/g and router/ONT. They'll probably never have to touch their equipment once installed, but the way you're carrying on, you'd think they were requesting for a rave party in your front garden every night :rotfl:99.99999% of people would happily accept a wayleave agreement in exchange for fibreoptic broadband with speeds of up to 1000 Mbps.

iniltous

GTSS9486 wrote: »

OP,
You're making a mountain out of a molehill. All Gigaclear are asking is that they be allowed to install and maintain their equipment on your private land....which is basically a fibre optic cable running u/g and router/ONT. They'll probably never have to touch their equipment once installed, but the way you're carrying on, you'd think they were requesting for a rave party in your front garden every night :rotfl:99.99999% of people would happily accept a wayleave agreement in exchange for fibreoptic broadband with speeds of up to 1000 Mbps.

Although the OP can speak for themselves, It appears that the service provider was asked if the wayleave was limited to the 'equipment' required just to provide service to that individual dwelling and they didn't confirm that and were not willing to commit to providing an individual contract wording stating exactly that.

GTSS9486

iniltous wrote: »

Although the OP can speak for themselves, It appears that the service provider was asked if the wayleave was limited to the 'equipment' required just to provide service to that individual dwelling and they didn't confirm that and were not willing to commit to providing an individual contract wording stating exactly that.

Well common sense suggests that the wayleave Gigaclear refer to isn't about giving them permanent rights to putting in a new garage or a zoo or doing whatever they want willy-nilly in the OPs private land. Its simply to provide & maintain a pure fibre optic broadband service and it primarily consists of a fibre optic cable (usually buried) and a ONT/router. I would assume the OP is living in a rural area (Gigaclear mainly install in rural areas) and rather than moan about a non-trivial matter such as wayleave for an essential utility, he/she should be extremely grateful that a gigabit capable service is being brought to their doorstep. There are probably hundreds of thousands of rural residents who would give an arm & a leg for FTTP broadband service to their homes instead of being stuck of 2 Mbps broadband.

martinthebandit

GTSS9486 wrote: »

Well common sense suggests that the wayleave Gigaclear refer to isn't about giving them permanent rights to putting in a new garage or a zoo or doing whatever they want willy-nilly in the OPs private land. Its simply to provide & maintain a pure fibre optic broadband service and it primarily consists of a fibre optic cable (usually buried) and a ONT/router. I would assume the OP is living in a rural area (Gigaclear mainly install in rural areas) and rather than moan about a non-trivial matter such as wayleave for an essential utility, he/she should be extremely grateful that a gigabit capable service is being brought to their doorstep. There are probably hundreds of thousands of rural residents who would give an arm & a leg for FTTP broadband service to their homes instead of being stuck of 2 Mbps broadband.

Common sense also suggests that, if your post is correct, there is no need for such a strange and draconian clause in a domestic contract.

Common sense also suggests that I smell a company representative hiding their real motives.

GTSS9486

martinthebandit wrote: »

Common sense also suggests that, if your post is correct, there is no need for such a strange and draconian clause in a domestic contract.

Common sense also suggests that I smell a company representative hiding their real motives.

Sigh..i am NOT an employee of Gigaclear. If you must know, I have a FTTP service with BT.

Gigaclear along with Hyperoptic are probably the 2 well known FTTP providers other than Openreach/BT for FTTP services. I'm guessing Gigaclear's wayleave conditions are bog standard for every residential connection, if it was a controversial issue then I'm sure the likes of thinkbroadband, ispreview etc would have picked up on this. IMHO its really a non-issue and as others have said: nose. off. to. spite. face.

GTSS9486

OP,
This is the Optical Network Terminal (ONT) box which BT/Openreach installed in my home in order to get their FTTP service. It measures about 13cm x 10cm, is fixed on the wall and is quite discreet:

https /goo.gl/m1AhWU

I'm sure Gigaclear will have a similar ONT. All Gigaclear are asking is that they have access to this box in order to maintain it or upgrade it....hardly an unreasonable request. You're really worrying over nothing...

martinthebandit

GTSS9486 wrote: »

OP,
This is the Optical Network Terminal (ONT) box which BT/Openreach installed in my home in order to get their FTTP service. It measures about 13cm x 10cm, is fixed on the wall and is quite discreet:

https /goo.gl/m1AhWU

I'm sure Gigaclear will have a similar ONT. All Gigaclear are asking is that they have access to this box in order to maintain it or upgrade it....hardly an unreasonable request. You're really worrying over nothing...

That is not all they are asking though is it? If it was I am sure no one would view it as unreasonable.

But to insist on the right to instal anything and to have free access to it in perpetuity, even after the contract has ended is a completely different kettle of fish.