Telegraph pole in my yard that is overloaded

shineondiamond

Hello, I have a telegraph pole in my yard for which Openreach have no "wayleave". I understood I could ask them to remove it under the 1984 telecommunications act, but looking into it I find it was replaced in 2017 by the digital economy act, which refers to "code rights" instead. Does anyone know if I can still demand they remove it?
It has become very onerous to have it. It has over 30 lines on it and Openreach are constantly in my yard changing things - it is an area of lots of big terraces, many turned to high turnover rented flats, and nowadays people constantly switch service and supplier. I have to lock my wide gate to prevent theft, but they rarely ring the bell to ask for entry, (which is freely given if I am in) and climb over and have broken the hinges and bolts many times. I complained and they sent a 5 page form and referred me to another department for compensation, and I must admit I gave up.
I have had notes through my door from neighbours saying Sky say they have to make an appointment with me to stay in to allow access for the Openreach man, and I think "why, they were in yesterday without even trying the door bell" If I were to stay in to accommodate more than 30 lines maintenance it could be an appointments diary of a month a year, with no advantage to me! Have the rights to ask for removal remained? I tried reading the new act, and it isn't clear.

AndyPK

Maybe some sort of notice on the gate
FAO Open-reach.

or leave the gate unlocked on days they require access

shineondiamond

I have a notice on the gate. They don't tell me when they are coming. I would say they have averaged once a week for the last year and I have never had a single note from them. You cannot leave a gate open in my area - I have had a car trailer and a triple ladder stolen from the yard in the last year.

Anyway, staying in for my own workmen is enough, accommodating those of 34 neighbours is too much! I do work.
Thanks for the suggestions though.

Owain_Moneysaver

Can you put a codelock on the gate, and will openreach affix a note to that pole's records so anyone needing access knows the code?

Although the real answer is to secure your gate so no-one, Openreach or not, can climb over.

shineondiamond

Thanks for your reply. The gate is six foot high and vertical solid wood. BT have ladders. There are also wheelie bins around. They don't bother contacting me in advance of any visit so I don't know if they would work with a pass number but I could ask, thanks.

I think they have put too many lines on this one pole, and that is why it is an imposition. It seems each time the come and add a new line they knock another off that they hope is redundant and someone then gets onto them to come back and fix it.

I think it would be easier for them if it was in the back alley like others in the area, and the alley probably needs at least 3.

Anyway, I have had enough asking them to be considerate for 5 years now, and they have no right without an agreement and a rent payment so I'm going down the removal route.

It is a sign of the times - once we just got a landline and stuck with it for years, now people chop and change coms provision here, it seems, and my yard is a thoroughfare.

unforeseen

Does your phone come from this pole? If so then the chances of getting the pole removed are slim or they will charge you for the move.

Bigphil1474

OP, had a quick read through the Digital Economy Act 2017. It would seem to me that this Act only has impact on s68 of the Telecommunications Act 1984 - "to make provision in connection with section 68 of the Telecommunications Act 1984" , but the 1984 Act still stands. s68 would have no bearing on your issue. The 1984 Act is still live on legislation.gov.uk, so you should still be able to do what you were going to do under that Act.

DCFC79

Keep us updated with how you get on OP.

shineondiamond

Update: I sent a recorded letter requiring them to remove the pole as they have no wayleave or any legal right to have it there. They replied saying my only options were to agree to a wayleave, or pay to have it removed. I think this is misleading, as reading the act, there is the clear option to require them to remove it, as my letter had done. Also, The Telecommunications Act, schedule 2 Pgh 21 (page 128) (4) a and b, says, in their reply they must either state I do not have the right to require removal, or specify the steps they are going to take to secure their right to keep it there. They did neither.
I am planning to write back a recorded letter again, reiterating my position, and quoting the act. I have read on blogs you have to do this for about 6 months.
This time I think I will also appeal to their fairness: point out the increased weekly volume of use they are making of my property, how they have never once told me about a visit in advance. I think it is reasonable to require at least 24 hour's written notice of them climbing into my yard for an hours stay. I will pursue costs for the repair of the gates. Frankly, the pole is overloaded: it goes up and down, hence the visits, but there are usually over 30 lines, and I don't think it suits the workmen either.

giraffe69

I think I'd tackle the access first. If they ignore you, fail to give notice etc then although you can make written complaint (and I would) it will probably be more effective if you take steps to stop them. For example if they climb overt the locked gate then putting something on top of the gate to deter them might be an idea. There are limits so not an electrified fence which will kill intruders! Even a simple trellis might help.

merchcon55

some of the major newspapers have columns where people write in about issues they are having with banks or utilities or insurance company. The paper then acts as a go between, and more often than not, the big company does the right thing to avoid the bad publicity.

Nothing to lose - everything to gain !