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Mast Rights

10 January 2008 / Alistair Craig
Issue: 7304 / Categories: Features , Public , Competition , Commercial
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Alistair Craig considers the compulsory powers to acquire and retain mobile phone masts

 

Many owners who have entered licence agreements or contracted out tenancies for the siting of mobile phone masts and electronic communications equipment now find themselves unable to secure their removal by virtue of operators’ compulsory powers to acquire and retain sites.

 

Instead of providing a national transmission infrastructure, successive administrations encouraged a market-led approach for the rollout of mobile phone and electronic communication networks. By reference only to the speed of roll-out and the extent of networks, the market-led policy could be judged as remarkably successful. However, a different judgment could be reached when one considers the unnecessary duplication of costs, the proliferation of sites and apparatus, and the attendant concerns about the consequences for health, property values and aesthetics. It has been estimated that if a national grid network had been adopted, 80% of existing masts could be removed.

 

COMPULSORY PURCHASE

To facilitate the roll-out of networks, legislation enshrined the principle that

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