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aus+uk / uk.telecom.broadband / Openreach Not Following Legislation WHen Flying Cables Over Private Land

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* Openreach Not Following Legislation WHen Flying Cables Over Private LandBrian Johnson
`- Re: Openreach Not Following Legislation WHen Flying Cables Overnotya...@gmail.com

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Openreach Not Following Legislation WHen Flying Cables Over Private Land

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Subject: Openreach Not Following Legislation WHen Flying Cables Over Private Land
From: johnsonfamily.eu@gmail.com (Brian Johnson)
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 by: Brian Johnson - Thu, 12 Oct 2023 13:20 UTC

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 bullshit 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 supersedes parts of the Communications Act 2003. Openreach 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 committs 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.

Re: Openreach Not Following Legislation WHen Flying Cables Over Private Land

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Subject: Re: Openreach Not Following Legislation WHen Flying Cables Over
Private Land
From: notyalckram@gmail.com (notya...@gmail.com)
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 by: notya...@gmail.com - Thu, 12 Oct 2023 14:43 UTC

On Thursday, 12 October 2023 at 14:20:33 UTC+1, Brian Johnson wrote:
> 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 bullshit 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 supersedes parts of the Communications Act 2003. Openreach 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 committs 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.

How long before there are adverts on the TV from cowboy law firms offering to get people compensation for this?

It's a trivial trespass, BTO would simply pay a fiver or similar into court and bang goes any hope of costs.

Possibly a Calderbank undertaking too.

Funny if the complainant's property benefits from similar overflight.

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