| The uptake for third generation ‘3G’ telephones has not taken off in this country as fast as expected. This has resulted in some of the telecommunications companies looking at their existing masts to see if they are still financially viable. Fisher German has found that there are quite a few cases across the country where telecoms companies are now abandoning less profitable rural sites. It is very important that |
owners of telecoms sites are aware that their local council could charge business rates if a mast is left standing after it has been handed back, but there may be opportunities for other telecoms companies to utilise these masts. Where leases have been properly drawn up, there should be a clause relating to the re-instatement of the site back to its original condition and there are opportunities for owners to receive a substantial one-off capital payment for dealing with this work themselves. Fisher German has also found cases where telecoms companies want to abandon sites but the lease does not allow them to break it, which can produce interesting negotiations as rent must continue to be paid. Landowners are also losing out as the telecoms companies have now developed powerful, smaller telecoms masts and are locating up to 60% of these on the edge of the public highway in the verge under the Street Works Act. When masts are located on the verge they pay no rent, rather than on an adjoining farmer’s land where rent would be due. Mark Newton, Partner at Fisher German says: “The main problem of sites in road verges is that there may be highways issues, problems with underground services and they may be near residential dwellings. Normally these masts are disguised as street furniture, ie wooden telegraph poles or lamp posts. Their height may be limited to that of the adjacent streetlights. Subsequently they do not necessarily provide as much coverage as a normal traditional 15 metre mast on a Greenfield site.” The telecoms network is getting nearly fully mature, and a lot of the telecoms companies have put on hold building new sites until 3G fully takes off. If you do get approached for any new sites or decommissioning your existing site, it is important to get proper professional advice and contact Fisher German’s telecoms team, telephone number 01858 411246. | |
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