Openreach Flying Cables Over Private Land

BrianTJ

Has Openreach flown a cable across your property and not provided you with any information on objecting to the cable?  Some parts of Openreach seem not aware of the latest legislation regarding their rights and OBLIGATIONS when flying cables over private property.  It has taken me months to get a cable moved and this is some information which may help in getting a cable you object to moved. 

First, based on my experience, don’t waste time with their complaints procedure which is tedious, difficult and obstructive and you’ll be responded to with a barrage of technical and legal !!!!!! telling you why they have flown the cable legally and why it can’t be moved.  Send a signed for letter to the CEO and if you get nowhere, raise it with your MP. 

The applicable legislation is Schedule 1 of the Digital Economy Act 2017.  This supercedes parts of the Communications Act 2003.  When Openreach flies a cable over private land it has to comply with paragraph 75 which is a duty to attach a notice.  This should provide an address to which you can send you objection to the cable.  Openreach commits an offence if this notice is not provided.  Openreach apparently haven’t instructed their engineers to leave these notices.  If they don’t leave a notice, write to Openreach and ask for the details that should have been on this note.  The right to object is described in Part 12 which is paragraphs 78 to 81.  

If the cable is impacting your enjoyment of your land and it would be possible for the cable to re-routed without the re-routing resulting in another landowner being impacted and without Openreach incurring substantial additional cost, the county court can instruct Openreach to move it and there is provision within the legislation for the county court to award you costs.